The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1907-03-21
THAW CRAZY NOW
Continued from First Page


into the case by Thaw's original law
yers, Messrs. Black, Olcott. Gruber
and Bonynge. but who was dismissed,
together with them. when he reported
that Thaw was suffering from n form
Of paranola which might never be
cured. 1t was the intention OF Mr.
Dalmas TO interrogate DR.. Hamilton
only with reference to four visits he
made TO Thaw In June and July last
Mr.. Jerome promptly objected to THU
course. He said II Dr. Hamilton was
to testify at all he must tell everything
he knew in connection with the case,
including the defendants family his
tory.
The argument which ensued became
so pertinent to the question OF the pres.
ent sanity or insanity OF the defendant
that Justice Fitzgerald ordered the jury
TO retire from the room. Then the dis
cusslon took on broader range. which
resulted In the courts determination
before proceeding further to have pre-
scented to him the facts which the dis
trict attorney asserted had been with.
held from the jury by the defense and
which he had been. unable TO give TO the
court In strictly legal form.
'If the real facts were known de.
clared Mr.. Jerome, II have no right
to be here trying this man for his life.
But the knowledge ! have cannot be
put In legal form before the jury. II is
mostly hearsay. But II could get the
facts before you they would shock and
horrify the conscience OF the court aud
instantly this case would he stopped.
so deeply have been impressed with
this that have served notice upon the
counsel OF record that II when this
trial Is concluded find that they were
In possession OF facts which believe
10 be In their possession shall call tle
matter 20 the attention OF the appellate
division OF the supreme court. Eel
very bitterly about this matter.
There Is not n man who has walc'l.
ed this defendant sitting here OF ill's
table that does not know that n be-
ats there he is Incapable OF advising
counsel Thus under the statutes II
becomes the duty Of the court to stop
the proceedings"
Mr. Delmas began 10 fight against
the district attorneys move. but the
matter was soon taken out OF his hands
10y John II. Gleason. who opened the
case for the defense at the beginning
OF the trial. Mr. Gleason demanded
that DIR. lIamllton's testimony be I'm.
medately taken as 90 whether be be
lleyed Thaw incapable Of advising
counsel
Justice Fitzgerald allowed Mr.. Glea
son TO put the question.
Il believe" said Dr. Hamilton. that
he IL Incapable Of advising counsel
Didn't you tell me recently that you
thought he was capable OF doing sor
asked Mr.. Gleason.
Il don't think So" replied the wit
ness.
ThI. seemed to impress Justice Fitz
gerald.
My conscience has been appealed 10
In this natter said the court. "and
upon the statement made by the Dis
trict attorney ! cannot allow the trial
10 proceed without first hearing ail The
evidence that may he Ia the possession
o. either side. will hear this eyi.
dcncc In the form ~ afiidavits. dcposl
lions. etc. The jury will be- excused
until Friday morning"
Justice Fitzgerald said the defense
need not be afraid 81 any inqulsliorlal
proceedings. lie would act fairly and
lmparilally in determining whether -
not. In his judgment. a commission In
lunacy Il demanded.
n Justice Fitzgerald shall decide In
favor 81 a commission. Il means that
the trial will he suspended until such
time a. the commission may report
n the commission decides Thaw n
now insane. the trial VIII ~ course h.
abandoned and the defendant commit.
ted 20 n state asylum n the commits.
sion believes Thaw IL sane az present
the trial will h. resumed.
District Attorney Jerome WIS mani.
testify pleased with the new turn Of
Affairs.
Thaw's counsel also PROGRESSED 10 be-
pleased. declaring Mr Ieromc's move
was an acknowledgment that hc was
defeated.
Mr.. Dclmns sought 10 have Mr.. Jc-
rome placed himself on record a. form.
ally applying FOR n iunacy commits
sion. but the district attorney would
only repeat uiat he was directing the
attention Of tho court 90 n matter
which might appeal 10 his conscience
Mr.. Jerome said that Drs. Blneaman
aud Dccmar. two Of the 1haw family
physicians. had told him facts concern.
Ing epilepsy on both sides Of the pfis.
onsr's family. but the defense had fail.
ell 60 bring ont these matters Ia the
testimony.
Il submitted 10 the aiicnlsis sum
moned by the state all the facts In my
possession" said Mr. Jerome, "and
they one and all Informed me that the
defendant II suffering from n disease
called paranola. the chief characters.
ties OF which are insane dclusions. aud
that acting under these insane dsln.
slons he killci Stanford White. but
that within the legal definition Of In.
sanity he knew the nature and quality
OF his act and knew the act 10 bs
wrong"