Omaha daily bee., 1907-03-30
DIR. HAMILTON TO TESTIFY
Thaw LunaCy Commission VIII Take Testi-
mSny Of the Expert Today.
ATTORNEYS FOR DEFENSE CONFIDENT
Report IL Expected by Monday
Statement that CrOss-EHamtna-
tiOn of witnesses VIII Not
he Allowed.

late tonight that DIT. Allan McIane Harnil-
ton, alenist, will be called to testify to-
morrow before the lunacy commission
which Is to determine whether Harry X.
Thaw is mentally competent to understand
the nature Of the proceedings in his trial
for the killing Of Stanford White and to
nationally advise his counsel.
! DR.. Hamilton, II was stated, will appear
as witness on the request Of the COM
mission and will be the only expert ex-
| amined
The declaration that DR.. Hamilton would
be called was a surprise, as It had been
generally understood that the commission
would not hear any expert testimony as
/ to the defendants condition of mind. DR..
Leopold Putzel. one of the commissioners,
/ II was expected, would be relied upon to
determine any medical points involved.
II was DR.. Hamilton's testimony at the
I trial that precipitated the request by the
district attorney for a lunacy commission.
Originally retained by the defense, Dr.
Hamilton examined Thaw and was ex-
I pected to qualify as a witness for the de-
fendant Later, however, his connection
| with the defense was severed and he was
subpoenaed as a witness for the state. He
was not called by the prosecution, but was
/ eventually summoned to the witness stand
by the defense.
Under examination at that time he testi-
fed that Thaw was insane when he ex-
amined him In the Tombs last summer and
he believed him still insane Replying to
question by Attorney Gleason for the
defense, DR.. Hamilton said he believed that
the prisoner was unable properly to advise
his counsel. District Attorney Jerome at
this point interrupted the witness and ap-
pealed to the conscience of the court to
consider whether a lunacy commission
should be appointed.
i District Attorney Jerome, It had been
/ known, was anxious to introduce certain
! witnesses before the commission, but up
to tonight there had been little likelihood
that he would be successful. This evening
It was stated, the lunacy commission
notified the district attorney that 1t would
require the presence of DR.. Hamilton to-
morrow. 1t was also stated that Dr. Nc
Guire, the Tombs physician and other
officials at the Tombs would be called.
} Report Expected Monday.
The Commission in Lunacy examining
the present mental condition Of Harry
X. Thaw may finish It's work to-
morrow and be ready to report TO
Justice Fitzgerald by Monday. The Thaw
} jury will report in court once more at 1880
o'clock Monday morning. and 1t is the hope
OF the presiding Judge and the commission
that the matter OF the defendants sanity
may be disposed OF by that time.
II the commission should submit report
TO the effect that ThRw fully understands
the nature OF the proceedings against him
and has nationally advised with his counsel,
Justice Fitzgerald will simply dinect that
the trial proceed without making public
the commissions findings. If the report
should be against Thaw Justice Fitzgerald
will announce the decision from the bench
and, II he deems the prisoners release to be
dangerous to public safety, he viii sign an
order directing the confinement in some
state hospital for the insane, probably Mat
tewan.
Today being Good Friday there was no
sssson OF the lunacy board and Thaw spent
a quiet day in the Tombs preparing for a
renewal OF his mental test tomorrow morn
ing at 10 o'clock
The commission yesterday indicated that
It had reached the conclusion that its
members could decide from their own ex-
animation Of Thaw the simple questions
placed before them by Justice Fitzgerald.
1t was reported again today that neither
Thaw's own lawyers nor District Attorney
Jerome would be allowed to question Thaw
upon TO testify at the inquiry
ThRw's Lawyers sanEuine.
, Thaws attorneys are so sangulne as ia
, the outcome OF the lunacy inquiry that they
, were today making plans for the resump-
, tion of the trial next week. 1t seems new
that II the trial is taken up again the
defense probably will announce that Il
rests without further testimony. Dr. Allan
~ IL.
ined Thaw last June and July, was on the
stand when the trial was interrupted. There
, Is little likelihood that Dr. Hamilton will
be recalled. II Thaw is declared to be OF
sound mind today and the trial is re-
sumed. II should not continue more thar
, three or four days. The attorneys In their
summing up will not be allowed TO refer
, In any way to the lunacy commission fol-
its appointment and proceedings are not 9
part OF the trial record.
During the trial all the alienists who bad
: examined Thaw and were called to the
stand paid tribute to the prisoners re-
markable memory 1t was this memory, Il
was said, that served him In such good
stead before the commission on Thursday
and which led Attorney Hartridge TO make
p the statement:
] "Thaw remembered more about the trial
Lnhn 4 olus
! Mr.. Hartridge was with Thaw for two
hours this afternoon and upon leaving the
= prisoner frankly admitted that the present
Q situation pleased him immensely.
IT have been with Thaw for two hours, "
the attorney said. "and in my opinion he
E Is in good shape physically and mentally
E and will go through the remainder OF the
D ordeal as we'll as he did through the open
4 ing session OF yesterday"
Defendant in Good Condition.
E ''Of course, the position is a trying one
3 for him. as It would be for any one. but
J he has met It bravely and is greatly en-
5 oouraged at the course OF events.
II was pleased to hnd him in such good
n condition today and personally am well
satisfied with the case It stands and
am confident OF an outcome agreeable to
Mr.. Thaw and his attorneys"
The secrecy OF the commissions eK-
animation OF Thsw. Mr.. Hartridge said
was not to be construed as a concession
70 the defendant. Necessarily, matters per
tanning 70 the original case would be
brought out at the present hearing and II
, would be manifestly unsuitable 70 have
; the proceedings made public while the
> trial proper was pending.