The Birmingham age-herald., 1907-03-30
Thavs Attorneys Confident Trid Will Proceed Tuesday
JURY ID REPORT MONDAY
Defendants Law. ,-s Visiting Him In Tombs Declare His Condition Fine.
 Session Today Private-Sim-
 pie Questionable Alienists.

New York March 29.-F'rom sources as- sumed to be authentic, it was announced late tonight that pr. Allan McLane Ham, tlton, alienist, will be called to testify to- morrow before the lunacy commission, which is to determine whether Harry K. Thaw is mentally competent to under stand the nature of the proceedings in his trial for the killing of Stanford White, and to rationally advise his counsel.
 Dr. Hamilton it was stated will appear as witness at the request of the com mission, and will be the only expert ex- amined.
 The declaration that Dr. Hamilton would be called was surprise, as it had been generally understood that the commits sion would not hear any expert testi- mony as to the defendants condition of mind.
 pr. Leopold Putzel, one of the com missoners, it is said, will be relied upon to determine any medical points involved. It was pr. Iamilton's testimony at the trial that precipitated the request by the district attorney for lunacy commits sion Originally retained by the defense, Dr. Hamilton examined Thaw and was expected to qualify as a witness for the defense. Later, however, his connection with the defense was severed, and he was subpoenaed as witness for the state. He was not called by the prosecu- ton, but was eventually summoned to the witness stand by the defense.
 Under examination at that time he tes- tified that Thaw was insane when he ex- amined him in the Tombs last summer. and he believed him still insane. Reply ing to a question by Attorney Gleason for the defence, pr. Hamilton said he believed that the prisoner was unable to properly advise his counsel.
 District Attorney Jerome at this point interrupted the witness and appealed to the conscience of tho court to consider wi1etfer lunacy commission should be appointed.
 District Attorney Jerome, it is known, has been anxious to introduce certain witnesses before the commission, but up to tonight there had appeared little like Iihood that he would be successful. This evening it was stated the lunacy com mission notified the district attorney that it would require the presence of Dr. Ham, iton tomorrow. It was also stated that Dr, Mcclure, the iombs' physician, and other officials at the Tombs will be called.
 The commission in 1unacy, which is ex- nmining the present mental condition of Harry K Thaw may finish it's work to- morrow and report to Justice Fitzgerald Monday The Thaw jury will report in court Monday morning, and it is the hope of the presiding judge, as well as the commission, that the matter of the defendants sanity may be disposed of by that time
 re the commission should report that Thaw understands the nature of the pro- ceedings against him, and has rationally advised with his counsel, Justice Fitz- gerald will simply direct that the trial proceed without making public the com missions findings. If the report should be against Thaw, Justice Fitzgerald will announce the decision from the bench, and if he deems the prisoners release dangerous to the public peace. and safety, he will issue an order directing his con- finement in some state hospital for the in- sane
 Good Friday, No Session.
 Today being Good Friday there were no sessions of the lunacy board, and Thaw spent a quiet day in the Tombs preparing for renewal Of his mental tes. tomorrow. The session of the com mission will be private again, and there will be no public hearings. unless the commission decides to call other wit nesses than the defendant.
 Thaw's attorneys are so sanguine as to the outcome of the lunacy inquiry thi. they were today making plans for the resumption of the trial next week.
 It seems now that if the trial is taken up again the defense probably will an nounce that it rests without further testi' mony. Dr. McLane Hamilton, the alien ist who examined Thaw last June anc July, was on the stand when the tria was interrupted. If Thaw is declared o1 sound mind Monday and the trial is re sumed it should not last more than three or four days. The attorneys in theil summing up address will not be allowed to refer in any way to the lunacy com mission. for its proceedings are not z part of the record.
 Remarkable Memory.
 While the trial was in progress all O the alienists who had examined Thau and who were called to the stand paio tribute to the prisoners remarkable mem ory It was this memory, it was said which served him in such good stead be fore the commission Thursday and whicf led Attorney Hartridge to make the state ment:
 "Thaw remembered more about the tria than I did,
 It was learned last night when the com mission asked Thaw to take the wtnes: chair yesterday, preparatory to question ing him, he made a short statement, thu purport of which was that he was en firely willing to be interrogated, but tha he wished the questions put to him ir a plain way so that he could understand them without trouble. Most of the ex amining was done by Chairman Davit Mcclure. Dr. Leopold Putzel, the alien ist member of the commission. asked hin questions, but devoted himself to carefu observation of the prisoners request.
 Manifested Nervousness.
 While Thaw manifested nervousness be fore the court room was cleared of re porters. at the direction of MT. Mcclure he became quite cool soon after the ex- animation began, and this self-possessior lasted through the whole two hours thai he was in the witness chair. The ques lions asked him were all aimed at finding out how well equipped he was mentall, to consult with his lawyers when tht trial began. They, therefore. had to dt with the seL , of the jury and hi'