Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-03-20
Climax in Sensational Trial Reached Today
When District Attorney Jerome Declares
ThaW is Insane at Present Time,
LAWYERS And JUDGE HAVE
A HEATED CONTROVERSY

put in the evidence yesterday, written
by Thaw to j. Dennison Lyon, bankers
at Pittsburg. Following this, Delmas
called Dir. Allen McLane Hamilton t.
the stand. He is the alienist who has
been under subpoena by both the de-
tense and prosecution, at various
stages of the trial. Hamilton has stated
the belief that Thaw was not only In
sane when he shot and killed White,
but remained SO. He does not appear
as the elnploye either of the state or
defense. He has publicly declared, but
has held himself ready to take the
stand at any time, to give impartially
the result the examinations which
he made, Il defendant shortly after
the trag that time he was en-
gagged by. sffofneys for the defense, but
when Judge Olcott left the case, Ham
ilton also withdrew.
Hamilton, after qualifying as an ex-
pert, under Delmas' questioning, said
that with other alienists he had seen
Thaw soon after his Incarceration.
WAS there any medical or physical
examination at that timer" asked Del
mas.
There was medical examination,
so far as it went" replied Hamilton.
What was that examinations"
Jerome at once objected.
This is reopening the whole case, .
he argued. "Hamilton's evidence has
no place here. 1t belongs in the case
in chief and not in the rebuttal."
The district attorney" replied Del
mas, has on several occasions called
your honor's attention to the fact that
he is a quasi judicial officer, and he
has no right to come in here now and
attempt to shut out the TRUTH
That's not so," broke In Jerome, "if
objection is made on that ground,
Will withdraw my objection. am per-
fectlsswilling to reopen the whole case
and let all the truth go in, provided the
defense is. willing to allow the whole
truth to come out on cross examina-
ton. but if it's purrNse is to bring out
only part of the truth l shall certainly
object"
Il have no stipulations to make with
the district attorney" said Delmas.
Then it is you who do not want the
truth to come out?p said Jerome.
jerome Gets Favorable Ruling.
Delnas went on to argue that Jerome
had himself subpoenaed Hamilton.
Certainly / did," said the district
attorney. II have subpoenaed Mrs.
Thaw and a dozen more witnesses
whom have not called. I subpoenaed
them that they might be here if want
ed. whether by myself or by the de-
fense."
Delmas insisted that Jerome had
definitely promised to call Hamilton,
and had failed to do so.
He has not redeemed mis- promise to
your honor" said Delmas, when he
was invoking the rule from you by de-
claring that he would call Hamilton.
We, propose to prove by this impartial
witness that when this alleged crime
was committed, this defendant was in
sane and could not know the nature or
qualify of his act, or that the act was
wrong"
Delmas called attention to the fact
that James Clinch Smith was allowed
to testify as a matter Of discretion,
after the prosecution had closed it's
case-in chief
jerome, replying to Delmas, declared
that.the counsel had made many unjust
and unfair insinuations against him.
Delmas repeated his arguments. and
after he had finished, Justice Fitzger-
aid said:
This is not a discretionary matter.
On the record iii this case must rule
according to law. The objection is
sustained"
Deimas said that as Fitzgerald had
ruled on only one question put to the
witness he would proceed to ask 9TH
ers. In reply to question by Del
mas, Hamilton said that he had Wis
lted Thaw four times, June q and 2s
and July z and 8.
the state of Thaw's mind on the 25th
of June last.
jerome objected, saying that the
question was not proper surrehuttal
but Fitzgerald allowed Eyes" or mo"
answer.
7 did form an opinion" said Hamil-
ton.
State to the jury your opinion as
to whether or not Thaw was insane"
Jerome's objection was sustained
Delmas then asked for fifteen minutes
recess, for consultation of counsel.
This was allowed.
Opens Up Whole Case,
Hamilton resumed the stand after
recess, and Delmas Immediately asked
permission to read to Hamilton the in
dictment against Thaw. The permis-
sion was given, and the indictment was
read to the witness in an undertone.
In your opinion" asked Delmas. "in
view OF the knowledge you have ac-
quired as to the mental condition of
Thaw from the four visits which you
made to him. did he know that the act
set forth in the indictment was
wrongr'
Jerome objected and was sustained
Delmas then announced that as the re-
suit Of the consultation of counsel he
was ready to accept Jerome's offer to
ell all he knew about the case Of
rhaw.
"If conn sal dasires to conduct a f,,ll