Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1907-03-20
Says He Can Prove In
ability to Advise in
Own Defense.
UP BEFORE JUSTICE
Both Sides Agree to Tell All
They Know About Case
to the Court.


mas called DIR. Allen McI-ane Hamil
ton, the first witness in the Thaw trial
today. Jerome objected to Hamilton
testifying at this stage of the case.
and proceeded to argue the point.
When Delmas accused the district at
tOrney of trying to shut out the truth
Jerome withdrew the objection, saying
he was ready to reopen the entire
Thaw case so that all the truth might
go in.
Refused to StipuIate.
Jerome wanted Delmas 10 stipulate
that the cross examination of Hamil-
ton should not be limited to rebuttal
testimony When Delmas refused Jer-
ONE renewed his objection to Hamil-
ton testifying. The argument pro-
ceeded
Justice Fitzgerald sustained Jerome's
objection to Hamilton's testimony. Be-
fore calling Hamilton Delmas with
drew the letter which he wanted to
put in evidence yesterday written by
Thaw to Banker Lyon of Pittsburg.
Answered Few Questions.
Hamilton was permitted to answer a
few questions put by Delmas. He said
he had visited Thaw June 27-2S and
July rs; that he formed an opinion
as to Thaw's insanity; but the witness
was not allowed to say what that Opin-
ion was Delmas' request for a short
recess for a consultation of counGel
was then granted.
brings Up Subject of Commission.
Jerome said the states experts,
while saying Thaw knew the nature
and quality of his act, thought he was
unable to advise his counsel as TO the
condition of his case When the pris-
oner was in that condition the court
should not proceed further Delmas
asked if Jerome intended this as an
application in lunacy
Il so understand it," said Justice
Fitzgerald
Leaves Matter with Court.
Jerome said: 81 make no application
| say to the court that | can prove
the defendant is incapable of direct
ing his defense. | leave the matter
with the conscience of the court
Jury Leaves Room.
At the conclusion of the consulta
ton Delmas announced he was ready
to accept Jerome's offer to tell all Il;
knew about the case of Thaw. Justice
Fitzgerald oddered the jury to with
draw while counsel continued to dis
cuss the stipulation under which Ham
ilton might possibly testify. In ad
dressing the court, Jerome declare
if he could legally present to the coul
all the facts he possessed it would b'
shocked and Mortified.
No Right to Try Case.
I'VE have no right to be trying thi
defendant in a court of law. So BIZ
terly do feel about this, | have serv
ed notice on counsel if they hav
knowledge of the facts I believe to b
in their possession. | will call the maj
ter to the attention of the appellate Il
vision of the supreme court"
Fitzgerald to Decide.
Justice Fitzgerald said he would ir
stitute an inquiry before himself, no
before the jury, as to the present me
tai state of the defendant Jerom
said he would lay before Fitzgerald
the information he had and which i
believed would result in halt of tn
trial.
Jerome told the justice his own e:
perts had informed him Thaw is
paranoiac.
Hamilton supports Testimony.
DR.. Hamilton said he believed Tha'
was incapable of instructing his coul
sell The case was adjourned until FIR
day morning, when Justice Fitzgeral
will determine the matter of a commi
sion.
Witnesses TO BE Called.
The jury was excused until Frida
morning, but Fitzgerald will hold cou
tomorrow afternoon to hear testimon
regarding the application for a cor
mission.
May End Trial.
If Fitzgerald shall decide in favor
a commission, it means the trial wi
be suspended until such time as Il
commission may report. If the col
mission decides Thaw is now insan
the trial will, of course be abandone
and the defendant committed to sta
asylum.
Jerome Much Pleased.
Jerome was manifestly pleased wi