The Montgomery advertiser., 1907-04-03
WILL MAKE
 REPORT TODAY
tCe.ti.ued from Pas. One,

 public. He also said Delaney Nicoli was in the conspiracy. having been in the employ of Anthony Comstock and Stanford White.
 Mir. Hartridge asked. Dr.. Hamilton if he could say from his many talks with District Attorney Jerome why 1t was the change came over the prose- cution's course. causing switch from a trial of murder to commission In lunacy.
 T cant read Mir Jerome's mind." said the witness.
 MT. Jerome wanted to know If his testimony was desired.
 No, we are not trying you as to your sanity yet
 pr. Austin Flint. one of the alienists who testified for the prosecution. was called to the stand after the recess. He said he had seen Thaw every day of the trial and had examined his writ ings and 1t was his opinion that Thaw today is incapable of understanding the charges against him and incapable of advising counsel. Asked what form of insanity Thaw Is suffering from, Dr. Flint said :
 Tt is paranoia. with original delu- sions of persecution, now passing into delusions of grandeur"
 On further questioning Dr. Flint said lnaW s IclSdSc WOulu ut udHScTOuS to any one on whom the delusions might center.
 On cross examination by MT. Hart ridge, Dr. Flint said that if 1t were shown that Thaw has no delusions whatever, at this time, he would say he was in one of the periods of remis- sion characteristic of paranoia.
 You answered a hypothetical ques- tion by the district attorney to the effect that Thaw was sane enough to know the nature and quality of his act when he killed White, didn't you?" asked Mir Hartridge.
 .Yes."
 And few days later you signed an affidavit for the district attorney saying that Thaw was so insane as to not know the nature of the proceed ings against him. did you not?"
 "Yes."
 That's all"
 Thaw's Memoranda.
 Mir. Jerome here produced twenty or more pages of memorandum, which 1t developed were suggestions made by Thaw to Mir. Delmas for his summing up address to the jury. These had been gone over thoroughly in the se- cret session during Thaw's examfina- tfon. Thaw had pasted numerous clip pings from newspapers on large sheets and written comments upon them. One was a quotation from a speech of Pres ident Roosevelt in which a reference was made. to "the heinous crime of rape Thaw suggested that these be used in the summing up.
 After Dr. Flint had examined the meoranda, he said they had an im- portant bearing upon his opinion that Thaw is now insane
 Dr. Flint declared that Thaw's man. her in court was that of an insane man.
 Describe it," commanded MT. Me- Cure.
 Well, he came into court day after day with a self-satisfied and dominant air which increased as the trial pro- ceeded, and which was not consistent In a sane man on trial for his life. He had an insane aspect, which is impos- sible to describe"
 pr. Flint admitted that Thaw prob ably knew he was on trial for mur- der in the first, degree; that he knew 2 that the penalty was death and that, the jury was to judge him. but 1t was not a rational knowledge. Dr. Flint explained that Thaw was insane from teh oint of view of the alienists when he shot and killed Stanford White, but was not insane in the language of tho penal code.
 Hadn't Examined Thaw.
 Dr. William Mabon, another of the States alfenists, who followed Dr. Flint on the stand, declart it to be his opinion from all the facts before him that Thaw was incapable of under standing the proceedings against him or of rationally advising his counsel.
 You are the head or a large insti- tuition for the insane. are you not?" asked Mir. Hartridge on cross examin- ation.
 Would you commit person to that institution without an examination?"
 "I would not'
 Have you ever examined this defen- dant?"
 No"
 That's all"
 Dr. William Hirsch, also employed by the district attorneys office as an alienist, declared to the commission his opinion that Thaw Is suffering from an incurable form of paranoia
 pr. Albert Warren Ferris and Dr. William B. Pritchard two more alien ists of the district attorneys stair, tes- tified that Thaw, in their opinion, is in such state of lunacy as to be in capable of rightly understanding his own condition, or appreciating the na- ture of the charges against him or of rationally conducting his defense.
 pr. PilErim TestBHes Again.
 Dr. Charles w. Pilgrim, chairman Of the State Board of Lunacy. who testi- fled for the defense at Thaw's trial. was called by Mir. Jerome. The district attorney said he did not call pr. PiI- grim as his witness, but had him sum- moned in case the commission desired his testimony Dr. Pilgrim said he had answered a hypothetical question for the defense and based his opinion entirely upon the facts stated therein h.s observations of Thaw in court did not enable him to form an opinion as to the defendants present state of mind.
 pr. Putzel, the medical members of the Thaw commission. conferred pri- minutes before the witness was ex- cused.
 Dr. Minas S Gregory who also tes- tifed for the defense. was called by MT. Jerome. Dr. Gregory also said that his observations of the defendant had not been sufficient to enable him to reach a conclusion as to Thaw's present condition. g On behalf of Thaw. MT. Hartridge called Dr. Greene M Hammond, who was a consulting alienist for the de- fense throughout the trial. He talk ed with Thaw, he said, every day of the trial Thaw's comments on the trial were pertinent and rational all ways.
 MT. Delmas took the stand late in the afternoon to state that he had found among the sugges stions made to him by Thaw for his sufnming up ad- dress many valuable points.
 T intend to employ many of the suggestions" said MT Delmas. and think they may be advantageousIy and