The free lance. (Fredericksburg, Va.) 1885-1926, 1907-03-23
SAY THAN IS INSANE
States Alienists Declare He is q
Menace to Public Peace.
GEE NO HOPE OF HIS RECOVERY

Judge Fitzgerald Demands Further
Evidence and Will Allow Both Sides
to File Affidavits-Thaw Was Not
in Court.
New York, March 22-District At
,orney Jerome presented to Justice
| Fitzgerald eight ailidavits in support
bi the suggestion he made in the case
of Harry X. Thaw that the defendant
is now i'm such a state OF lunacy or in
sanity as to be incapable of under
standing the proceedings against him
or making his defense Dolphin Del
mas for the defense stated that their
answer TO the district attorneys prop
osiron was not ready. Justice F1iZ-
gerald allowed both sides until Satur-
day afternoon to file such allidavits As
/ they desire with the clerk of the court
| There will be no further hearing IN
the matter of the appointment of
unacy commission unless Justice Fitz-
gerald so directs after considering
such afiidavits and exhibits as are To
be offered. Neither the jury nor Thaw
was in court
District Attorney Jerome pleaded
for permission TO examine DR.. Allan
McLane Hamilton orally, bat in the
absence OF waiver of professional
privilege on the part OF the defense.
Justice Fitzgerald said he would not
allow the doctor to be examined FUR
Their at this time Justice Fitzgerald
added Significantly that he would ta"r
judicial notice OF everything which had
been adduced in evidence during the
nine weeks of the trial Or Hamilton.
il will be remembered testified that IN
his opinion Thaw is not at present cap
able of directing his defense. This
question was put 10 Or Hamilton by
Attorney Gleason OF the defense. ami
Mr.. Jerome now contends that the de-
Tense thus waived the matter OF pro
fessional privilege.
Mr. Jerome's afidavits submitted
embraced TIE opinion OF his seven eN-
perts who have heretofore testified and
a statement by Irwin ). Cobb. news
paper reporter. who gave the text of
the statement which Thaw issued at
the conclusion of Mr.. Jerome's long
and we're cross examination Of his
wife.
Mr. Jerome in presenting his aiii-
davits called particular attention To
the one signed by Dr. Carlos i. Mac
Donald. who after reciting what he has
witnessed in court. his observations OF
Thaw Immediately after the tragedy
and what he has learned as To- cpl
lcpsv and insanity in various branches
of the Thaw family. declares that he Is
firmly convinced that Thaw Is suffer
Ing from paranoia and that while be-
knew enough 10 realize the nature and
quality of his act when be- shot and
killed stanford White he is now and
FOR some time has been incapable OF
understanding the proceedings against
him
Thaw lncurabIy Insane.
Six OF the alienists in their affdav-
its declared that Thaw was suffering
from form OF paranoia. that he
should not be discharged from Gus
tody: that if be should De discharged
he would be dangerous to public peace
and safety and that it is reasonably
certain that he will not recover.
The seventh alienists, Dr Hirsch
agrees with his colleagues except that
he declared that Thaw cannot possibly
recover
The afidayits are signed by DIS.
Austin Flint. William Mabon. Carlos
F. Macdonald. William b. Pritchard
Albert W. Ferris. William Hirsch and
\. r Diefcnderf
The reporter. Cobb in his affidavit
sets forth The facts connected with
Thaw's dramatic manner IN issuing
his statement concerning Mr.. Jerome's
cross examination OF Evelyn Thaw
All these facts were narrated AZ the
time-the insistence OF Thaw that tie
reporter should sign and seal an en-
velope containing the original OF the
statement and compare the original
with the typewriter copies which
we're subsequently handed TO him for
distribution among other newspaper
men at the trial
District Attorney Jerome said he had
long been convinced that the defend
ant was of unsound mind. but he had
no way OF legally bringing the matter
10 the attention of the court until DR..
Hamilton was put upon the stand by
the defense. Mr. Jerome said he could
not have called Dr. Hamilton on ac-
count of the professional privilege
which the defense could have inter
posed as a bar to any testimony the
expert might have to offer
Mr.. Delmas declined to waive any
privilege with regard to DR.. Hamil-
ton on the ground that if the district
attorneys contention as TO the present
insanity of the defendant is sound. his
lawyers have no right to waive any
thing for a lunatic