Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-03-21
THE TRAW TRIAL.
CONTINUED from Page One.)


the aEenists had informed the district
attorney of their opinions before an
Iswering the long hypothetical question in
court. Mr.. Jerome admitted that they
had. The evidence he submitted to them
had not been adduced in court however,
and he could not put it in the hypothet-
zeal question.
Now that they have put Dr. Hamilton
on the stand,'' explained Mr.. Jerome, Il
have my first opportunity of laying be-
fore the court sworn testimony in mat
ter of a character which may demand
the attention of the court. For the first
time we have the real evidence before
us and l want it all to go in.
Your honor will support me in the
| claim that ever since this trial began L
have struggled to have the doors opened
wide that al the facts might be brought
out. But l have been met VITA objec-
tions and legal restrictions everywhere"
Mr.. Delmas replied that it was strange
if the district attorney had 50 long pos
sesscd the information he was stating
to the court that he had persisted so long
! in prosecuting to his death man whom
he believed was insane III the eyes Of
, the law because he could not commune
cate intelliSently with counsel. As to the
charge Of unprofcssional conduct he had
heard it for the first time today Mr.
Delmas continued. He further said that
the defence had called to the stand DR..
Hamilton, the man whom the district at
| torney believed knew more about the
case than anybody else. and was pro-
cec.ing to interrogatc him when the dis
trict attorney objected
Here Mr.. Gleason interposed himself
i'll tie discussion. He rejected the dis
trict attorneys assertion that Thaw was
unable to advise his counsel and dcclar
ed it was the duty of the court 20 sub
NIT that question to the jury.
THE court will have to determine its
duty for ITSELF replied Justice Fitzgcr-
aid
Mr.. Gleason next demanded. before the
proceedings went further, that DR.. Ham
ilton be interrOgated as to whether or
not he thought Thaw capable of advising
his counsel. Justice Fitzgerald allowed
the question and the witness promptly
replied that ne did net think Thaw was
capable of advising his counsel at the
present time. The doctor said further
that he had 50 reported to counsel i'll the
case.
Justice Fitzgerald demanded that coun-
sci on both sides submit TO him tomorrow
all the evidence they possessed touching
upon the sanity or insanity of the defend
ant If the defence did not desire to do
this, he said, ne could not compel it AMI
would have to proceed without such evil
dencc from them to combat that to be
Offered by the district attorney. Justice
itz,r 10
sional privilege was placed in bar Of any
testimony Or. Hamilton had to offer it
would be construed as meaning that the
defence did rot desire that testimony to
50 into the record
Justice Fitzgerald even went So far as
to discuss the personnel of a possible
commission ir lunacy. He said that he
did not wish to appoint any alienists who
had been consulted in the case by either
side. and desired to be given the names
of every doctor so consulted. 1t was
agreed that both sides should submit ar
hdavits tomorrow.
When the trial adjourned Messrs
Hartridse and O'Reilly Of Thaw's coun-
sci professed the greatest pleasure over
the turn Of affairs
The district attorney has acknowledge
"a himself beaten" said Mr. Tartridge
1--WE can combat the lunacy commission
In the meantime the district attorney has
acknowledged that he believes Thaw was
insane when he shot Stanford White. |
That ought to give us an acquittal.''
District Attorney Jerome was mani |
fostly pleased with the idea of a commits
sion. lie Immediately set to work prcpar-
ing aftdavits and was busy in his Office
until after & O'Clock. He will he able
to place before Justice Fitzgerald tomor-
row all the testimony he has been un-
able TO get before the jury.
Mr.. Delmas declined to make any def |
mite statement lie merely said that it
Ind been agreed that when the case |
reached the stage which developed today |
Mr. Gleason should tax" charge" lie
said Of course he would still b. correct |
Cd with the case.
Ms. William Thaw and Evelyn Thaw !
left the court house together after tha,-
had had brief chat with the prisoner !
and told him that victory was in sight |
1t will be recalled that the elder Mrs |
Thaw was anxious to tell about the in /
fucnces Of hercdity in the Thaw family |
when She was on the stand but had been |
cut short by counsel
When Thaw reached his cell in the
Tombs he began to write at furious |
pace, saying it would be his statement |
to be submitted to the court tomorrow.
The quick change in the course of the |
proceedings today proved a big disar. |
pointment to a score or more OF criminal !
lawyers who have been gathering in tn, |
city to hear the summing up of the case |
Some have arrived from Maine Others |
from the Far West and still others from
the South, among the latter being John |
Randolph Cooper of Macon, Ga. the at |
torney who defended the RAWLINGS |
brothers and their father in the famous |
trial.
Mr. Deimas said tonight that until |
the trial was resumed he would have |
no connection with the case. Mr.. Glea- |
son, it is understood, is in charge.