The Montgomery advertiser., 1907-03-31
COMMISSION
 HASN'T QUIT
tceussnuea fresn PaEe ose.,

a desire to address the court AIT. Hartridge said he could recall no such instance. z Asked if his associate coun- sei had not informed him of Thaw'sl wishes along this line. Mir. Hartridge was siienced by an objection from Att torney Gleason which was sustained by the commission. MT. Jerome thereupon said he would undertake no further cross examination of counsel.
 Chairman Mcclure asked MT. Jeromel why Dr. Mcclure, the regular Tombs physician. had not been produced be- fore the commission. Mr.-Jerome said he had not seen the physician today.
 We saw him last in the district at torney's ofice," interposed Attorney Hartridge, and we supposed he would surely be here"
 A messenger was sent to summon the doctor but he could not be found.
 ssWhy has he absented himselfT' In uuired Mir. Mcclure. looking from one counsel to another. No answer was forthcoming and the chairman directed that the doctor be subpoenaed for next Tuesday and at the same time remind cd District Attorney Jerome that as he had made the suggestion on the court record as to Thaw's present in- sanity. the burden Of proving 1t rests with him. Mir. Jerome said that when his seven experts are allowed to tes- tify he will submit to them group or facts upon which they will give scientific opinion that Thaw is now Of unsoand mind.
 Carried Over Every Detail.
 During the executive session of the commission today 1t was learned that Thaw was carried over nearly every detail Of his trial and was asked re- karding the testimony offered by var fbus witnesses as to the effect he thought this testimony might have on jury and the general tenor of the courts rulings on the broadest points of law.
 on cross examination MT. Jerome sought to question Thaw regarding the letters he wrote to Banker J. Dem niaon Lyon of Pittsburg, since the tragedy on the Madison Square roof garden. Mir. Jerome said he based his contention as to Thaw's present in- sanity partly on those letters. The commission ruled that the letters could not be accepted as evidence. Mir Je- rome argued his points at some length but could not induce the commission to see the matter in the light which he viewed it.
 That MT. Jerome had been In frequent clashes with the commission even dur ing the secret session was apparent from the tense feeling which existed after the doors had been thrown open- The Thaw jury will report before Justice Fitzgerald Monday morning at 10:s0 o'clock. Prior to that time the. iunacy commissioners as to the amount of time they will require to complete their work, and will then dismiss the jury for as many days as are necessary.
 It was partly due to the fact that the jury is to report Monday, and partly because District Attorney Jerome and Thaws lawyers wish to call certain authorities of law to the attention of the commission that the date was fixed for the resumption of the lunacy hear fngs.
 luncheon recess of the commission was permitted to cross examine Harry Thaw for three quarters of an hour, after which the executive session was dissolved and the door of the court room thrown open As soon as this action was taken Dr. Allan MeLann Hamilton was called to the stand and sworn.
 Thaw appeared perfectly calm after his long ordeal of questioning by the members of the commission and by District Attorney Jerome. He sat fac- ing the commission and between At
 torneys Peabody and Hartridge. Ta taken up by District Attorney Jerome.
 The physician said he had known Thaw
 for two or three years.
 During that time did you have any conversation with him?"' asked Mr. Je- rome.
 MT. Hartridge at once objected on | the ground that Dr. Hamilton had been a physician in the employ of Thaw and was barred from testifying. | ..1 aN "a A eide in favor of Mir. Hartridge when District Attorney Jerome asked: Are your honors going to rule
 without hearing me?''
 NO, you will be heard" said Chair | man Mcclure.
 MT. Jerome said the professional privilege was waived by the defense | in the Thaw case when pr. Hamilton was offered As witness by the de- fense's attorneys during the last days of the trial. The commission decided | if would have to be its own guide as
 to allowing Dr. Hamilton to testify. | Jerome Puts Question. | Mfr. Jerome was allowed to put this question:
 i.Doctor, are you able to state now vour opinion as to whether or not this defendant Is capable of rightfully un- derstanding his own condition, of com l pretending the nature or the pEOcSeu- | ings against him and of rattonally ad- | vising hia counsel7"
 MT. Hartridge objected. Chairman Mcclure asked Dr. Hanil- ton if such opinion would be based On | his professional relations with the da- | fendant
 | "Partly so." said the witness a Exclude what you learned in your
 professional capacity and then answer the question" said MT. Jerome. | Dr. Hamilton said he could not who'll I ly exclude all the facts learned in his professional capacity.
 That being the case said Chair
 man Mcclure. and no professional privi l lege having been waived before this
 commission, the witness cannot an swer"
 pr. Hamilton thereupon was excused
 and Dr. Jackon R. Campbell. a former | Tombs physician, was called. l pr. Campbell said he had been em | pioyed last Wednesday by Thaw'i counsel to examine e Thaw and saw hin in the Tombs last Thursday and Fri | day.
 pr, Campbell was asked by the | chairman to confne his testimony tt | the time previous to this employment | by Thaw's counsel. The witness saiC | he still acted as Tombs physician wheT !, Dr. McGuire. the regular physician. fl | i'll He had seen Thaw many times I .txaa hla t,, fhc rTornha