Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-03-20

inquiry, including the hypothetical
question of the district attorney, will
not offer objection" said Jerome.
Delmas then said: Now, doctor,
state all the facts which you learned or
observed during your four visits to
the defendant"
To this Jerome added:
Include all that you learned as to
the family history on both sides, while
you We're in the case
What does the learned district at
torney mean by while you are in the
case?"
Il mean before you came into the
case" replied Jerome
Delmas then said that Jerome had
repeatedly stated in court that IT. he
were honestly convinced that Thaw
was insane when he shot and killed
White, he would not take up the time
of the court in trying him.
I'VE propose now by your own wit
ness" said Delmas, to honestly con-
vince you that Thaw was insane"
At this point Fitzgerald said that he
thought the jury should retire. They
did so.
jerome Declares Thaw Insane.
After the jury retired, Jerome be-
gan to address the court In an effort
to show what his offer to withdraw
his objections and allow Hamilton to
testify, was based on.
Il want to explain my position and
make it clear. AS l understand the
matter, Hamilton, who was originally
;,,tN nv 10 dafanga Ia
ready to testify that in his opinion
this defendant was insane, that he was
of unsound mind when he committed
the homicide, that as he sits at the
table today he is suffering from the
mental disease known as paranoia, a
disease in which the sufferer until the
last stages of the disease, is capable
of knowing the nature and quality OF
his acts. understand that Hamilton
so advised the defendants counsel
and that his counsel was then changed
81 am willing to throw open the door
wide and ask to let all these @acts
come out, but viii not agree to Del
mas confining his questions to these
four visits. and keep me down to the
close limits of the evidence and not 10
be allowed to go into the real facts of
the case.
Real Facts Would Horrify.
"Your honor knows continued Je.
rome, what my position here has been
all along. We have no right to be here
trying this man if the real facts are
known. Your honor knows that ] have
tried ever since the case opened. to
bring out these facts, and that have
not been able to do so. II the real
facts as to the mental condition of this
defendant could be brought out, the
court would be shocked and Mortified.
and would stop this trial instantly.
$50 deeply have l been impressed
with all this, that have served notice
Blocked at Every Turn.
"As a result of these visits, were you
OF the opinion that Thaw at that time
was sinsane?"
tanned.
any opinion?"
Fitzgerald said that the witness
might answer yes" or mo-"
Yes" replied Hamilton.
Estate what that opinion was"
Jerome's objection was sustained.
Delmas was persistent, and asked
Hamilton it, as result of his four
visits, he had reached an opinion as to
on an attorney of record. that when
this case is over. If l am convinced that
they possess facts / believe they pos
sess, will lay the matter before the
appellate division of the supreme court.
'There is not man who has seen
this defendant sitting there at the ta-
Bile. who believes that he is capable
of advising counsel. We are today
trying a man who is insane, while un-
der the law he is sane. He is para
noiac, and while he is insane he is not,
insane in the eyes Of the law, for
strictly speaking he knows the nature
and quality of his acts. In five min
utes' time 1 can show that this man is
incapable Of advising his counsel as he
sits here in court. will present facts
which Will prevent this trial from go
ing further"
Court Demands All Facts.
''In view Of the statement made by
the district attorney" said Fitzgerald,
Il now ask to be given all the informa-
tion in the possession of either counsel
all the evidence as to the defendants
present state Of mind which can be
presented to the court. I do this be-
fore instituting the proceedings which
understand have been asked for"
Delmas wanted to know If a COM
mission in lunacy is under discussion.
"The court" replied Fitzgerald, "is
asked to hear testimony while the jury
is out of the room, and then determine
it's course"
"All my own experts, DR.. Bingaman,
the family physician, and DR.. Deemar,
physician to the Copley family, have
informed me-" said Jerome, that this
man is suffering from paranoia. This
paranoia is characterized by systema-
tized delusions. While suffering from
one Of these insane delusions, this man
shot and killed White"