The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-21

we will discuss that matter"
At this point Mr.. Gleason again broke
in: ~
II wish before this court adjourns to
ask one question of DR.. Hamilton" he
said, then turning to Mr.. Jerome, Mr..
Gleason continued: No man can come
into this court and accuse me of unpro-
fessional conduct 1 have practiced in
this country for IS years and no such
charges have before been made againsl
me-
Go ahead" said Justice Fitzger-
aid; ASK him all the questions you
want to-"
Doctor Hamilton" said Mr. Glea-
son, lin your opinion, is this defend
ant incapable or advising counsel? ?"
Il think he is replied the alienist.
Il don't think he is capable of in
structing his counsel because of his
mental condition
Did you not tell me recently that
you thought he was capable of do
ing so?" asked Mr.. Gleason.
L don't think so.' replied the wit
ness.
Then another argument followed,
all the attorneys gathering in an ex-
cited group in front of the judge
bench At the end of the argument
Mr. Jerome said to the court that when
he had stated that there was a part
of the case he would call to the at
tention of the appellate division of the
supreme court he did not mean to
charge any of the attorneys for the de-
Tense with unprofeSSional conduct.
II want to state here to the court"
broke in Mr.. Gleason again, that
L believe this defendant is perfectly
capable of instructing his attorneys,
and 1 know that all of his counsel
think the same thing"
Il will be glad to have an affidavits
along these lines which you care to
prepare" said Justice Fitzgerald
Mr.. Jerome then stated that he
would be able to have his affi-
davits ready by this afternoon, and
until that time. To this the attorneys
for the defense agreed. The jury
which had been sent out when the dis
cusslon began. was called back and ex-
cused until Friday morning.
IF l should decide to appoint
commission to take any other step in
the matter on Friday" announced JUS
tlce Fitzgerald, II would wish to name
ahenlsts who have not been in the case
before. 1 therefore ask both the dis
trict attorney and the counsel for the
defense to furnish me by Friday morn.
ing lists of names of all the experts
VINO nave been in any way connected
with the case"
This the attorneys agreed to, and
Mr.. Jerome asked that the hearing
go over pntil o'clock this after
noon Justice Fitzgerald was willing,
out insisted on having the consent of
each one of the defendants counsel.
Il don't want to take such an adj
journment and then find that did
not have the consent of the right
man." he said.
All agreed. and court finally ad-
1ourned until today at 2 O'Clock.
Mr.. Delrnas said last night that until
the trlel was resumed he would have
no connection with the case Mr. GIea-
son, as he understood it was in charge
Mr. Gleason said:
nv
Delmas as witness. But the state
ment of DR.. Hamilton as to the COM
potency of Thaw at the present time
was contrary to his oral statements to
me ana to Els written memoranda as
have understood them.
The application for a commission is
addressed 20 the discretion of the court
The application will be opposed on the
ground that the trial being completed
1t is more orderly that the question of
the guilt of the defendant should be
submitted ia the present jury"
Mr. Gleason explained further that
Mr. Delmas' action in calling DR.. Ham
ilton to the stand was mucn oDDosed
by tie other Thaw lawyers and that
Mr.. Delmas was able to do so only by
making use of his authority as trial
lawyer" to call any witness he chose
Mr. Gleason added that he deemed 1t
wisest to ask DR.. Hamilton to state his
opinion as to Thaw's present mental
condition, inasmuch as DR.. Hamilton
would get In his testimony sooner or
later, and it was best to have 1t over
with quickly.
LAS u matter of fact" he continued,
we have been expecting Mr.. Jerome to
call for 4 commission ever since the
trial started, and although we were
surprised PR to hear DR.. Hamilton testify
to Thaw's insanity, we were not at all
surprised that the district attorney
should make this move. So far as any
opposition to the motion is concerned.
we shall make but little. All the dis
trict attorney need to do is to present
peal to the judges conscience that he
may be trying an insane man and the
commission will be appointed"
Mr.. Defines statement follows:
"Henceforth, until the trial is re-
sumed shall have no connection with
the case whatsoever, Mr.. Gleason is in
charge as I understand it,"
When asked If Mr.. Gleason's posi-
Of tie trial Mr.. Delmas answered:
There was no such arrangement. And
If you mean that there was an agree
ment among counsel that I should step
in the event of commission IN lunacy
being applied for, / say that there was
no such agreemo MT"
Mr.. Hartridge said:
Il DO not believe the court will APP
point a commission and if 1t should
Thaw now insane. He has a perfect
knowledge of all that occurred in
court"
Daniel O'ReilIy said:
After the replies made by DR.. Ham
ilton to Mr.. Gleason's question 1 sup
pose the court can do nothing else but
appoint Il hipacy commission"
Thaw was said to be cheerful over the
situation.
IF I am insane. who is sane?" he is
said to nave asked. II am ready for
the bug commission"
Mver-Jawkins never misses an oppor-
tunity to state that he is a gentleman.
Gyer-Yes. and he has made the asser-
ton so often that re almost believes it
r irself Chicago Daily News.