Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-20

l iAS QueSUOHS 10 these tOuT VtS1tS ana
keep me down to the close limits Of evil
dence and not be allowed to go into tho
| real facts OF the case.
Your honor knows" continued District
Attorney Jerome. what my position here
| has been all along. We have no right to
be here trying this man II the real facts
are known. Your honor knows that have
| tried ever since this case opened to bring
out these facts and that have not been
able to do SO.
| Court Would Be Shocked.
| IF the real facts to the mental condition
| Of this defendant can be brought out the
court would be shocked and Mortified and
| would stop this trial instanter So deeply
| nave l been impressed with all this that
| nave served notice practically on the attor-
ney OF record that when this case is over
| II 1 am convinced that they LOSSES the
facts that 1 believe they possess. will lay
the matter before the appellate division of
the supreme court.
There Is not a man who has seen this
defendant sitting there at the table who be-
Heves he is capable of advising counsel. We
are today trying man who Is insane, while
under the law he is sane. He Is para
noaic, and while he is insane he is not In
sane In the eyes of the law. for strictly
SpcdhiuS ne hHOWS the anu Qudlty
of his acts.
A Gruesome Act.
"A man named Taylor went to death I'M
der exactly similar circumstances. The ap-
pellate court said that he was insane. but
he was paranoaic. and while his act was
committed as the result of a delusion, this
delusiOn not such as would have made
his act justifiable had it been true 1t was
one of the most gruesome acts the law has
ever done.
I'm five minutes time continued District
Attorney Jerome, Il can show that this
man is incapable of advising his counsel as
he sits here IT. court. 1 will present facts
which will prevent this trial from going
further"
In view of the statement made by the
district attorney" said Justice Fitzgerald,
II now ask that be given all the infOrma-
ton in the possession of either counsel-all
the evidence to the defendants present
state of mind which can be presented to
the court l do this before instituting the
proceedings l understand have been asked
for"
Mr.. Delmas wanted to know il a commits
sion in lunacy was under discussion.
Thaw Crazed.
The court" replied Justice Fitzgerald, lis
asked to hear testimony while the jury is
out of the room, and then to determine its
course
All of my own experts, DR.. Bingaman,
the family physician, and DIR. Deemar, the
physician to the Copley family, have in
formed me- said District Attorney Jerome.
that this man is suffering from paranoia
This paranoia is characterized by SYSTEM
lied decisions. While suffering from one
of these insane decisions this man shot and
killed Stanford White
Did your own experts tell you that?" in
quired Justice Fitzgerald of District At
torney Jerome.
They certainly did," he replied" but
from the record of the case | was prevented
from bringing this out. l was bound down
to hypothetical question and my wit
nesses testified only to the hypothetical
question. There is heredity in this man
which he cannot avoid
Made Under Oath.
Mr.. Delmas again arose and inquired if
commission in lunacy had been applied
for.
Il so understand it." said Justice Fitz-
gerald, .'if the court shall SO decide.
I'VE are prepared to combat that appl-
cation, said Mr.. Demas.
81 have made no formal application" ex-
planned Mr.. Jerome. Il submit to your
honor the fact that he sits there this de-
PENDANT is incapable Of directing his de-
Tense. l leave the matter entirely to the
conscience of the court"
Mr.. Delmas declared Mr.. Jeromes charges
We're entirely unsupported.
'"The district attorneys remarks were
made under his oath of Office said Justice
Fitzgerald with some display of feeling.
He has appealed to my conscience, and
1 now demand the production of all the
evidence which any of the counsel may
possess.
Mr.. Delmas said he understood Mr.. Je-
rome to imply unprofessional conduct on
the part of the defense in suppressing tes-
timony.
There was an implication of miscon-
duct" said Justice Fitzgerald
First for First Time
81 hear of it today for the first time"
said Mr.. Delmas
Mr.. Gleason here asked to be heard in be-
half of the defense.
Il desire to say said Mr.. Gleason, that
when this case began 1 attempted to intro
duce evidence on the very point which the
district attorney now demands, but it was
ruled out his own objections
II remember said Justice Fitzgerald.
ruling out such testimony on the ground
that it was in relation to collateral lines"
I'VE have made a perfect defense here"
continued Mr.. Gleason, land 1t is the duty
Of this court to submit that defense to the
jury"
This court does not need any instruc-
Continued on Fifteenth PaseD