The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-21
SAYS HE'S CRAZY
Seven Alienists Make Affidavit
That Thaw Is Insane.
One SwearsIIe Is Too Dangerous
to Be at Large.
CALL 1T PARANOIA.
Testify That He Knew He Was
Shooting to Kill White
And That 1t Was Something He
Ought Not to DO.
MR.. DELMAS HAS QUIT.
Will Have Nothing to Do With
Lunacy Commission.
Will Appear Again if Jury
Hearing Is Resumed.
Testify That He Knew He Was
Shooting to Kill White
And That 1t Was Something He
Ought Not to DO.
MR.. DELMAS HAS QUIT.
Will Have Nothing to Do With
Lunacy Com mission.
Will Appear Again if Jury
Hearing Is Resumed.

New York March a1.-The seven alien
lists employed oy District Attorney Jer
ONE in the Thaw case today signed af
fidaVits for petition to Judge Fitzger
aid II the argument this afternoon fol
the appointment of commission ir
lunacy to examine Thaw. Six of the
alientists in their affidavits declared that
Thaw was suffering from a form OF
paranoia. that he should not be dis
charged from custody. that if he should
be discharged he would be dangerous tC
public peace and safety and that it is
reasonably certain that he will not re-
cover. The seventh alienist, DR.. Hirsch
agreed with his colleagues, except that
he declared that Thaw cannot possibly
recover.
The document includes also an afida-
Wit by Irving S. Cobb. a reporter, de-
scribing a note given to him a few
weeks ago by Thaw in which Thaw
commented upon his wife's testimony
and upon the conduct of the prosecu-
ton. The affidaVits are signed by Doc
tors Flint. MaDon. Macdonald, Pritch-
ard. Ferris. Hirsch and Diffenderf.
The alianists declared on their affi-
oavits that Thaw knew the nature and
quality of his act in shooting Stanford
White. Together the affidavits make
81 printed pages
DR.. Carlos Macdonald in his affida-
Wit declares:
After careful examination of the ex-
hihits and the hypothetical question,
and the testimony and aff1dayits of Mr..
Cobb, and assuming evidence stated in
the case to be true. my personal obser-
Walton in court during the trial ano
also including certain observations that
1 made of the defendant in the library
Of the district attorneys office on June
%. 1906 I am of the opinion that the
defendant is now and for some time
past. has been suffering from a form
of mental disease commonly known
among men skilled in mental diseases
as paranoia. Yet it is my opinion.
based upon what has just been enum-
Grated that when the defendant killed
Stanford White. on June 25, 1906. he
was then suffering from said mental
disease. commonly known as paranoia,
but that his then mental state was such
that he knew the nature and quality
of the act that he was doing and that
IL was wrong. namely, that he then
and there knew that he was Gischarg-
ing into the body of Stanford White,
loaded revolver; that 1t was stanford
White into whose body he was dis
charging a loaded revolver and that ne
thea and there knew that such dis
charging was likely to produce death
and that he then and there knew such
act on his part was against the cur
rent morality Of the people OF this state
and in violation of law.
Il am of the opinion, upon the facts
above enumerated. that the mental dis
ease commonly known as paranoia,
from which the defendant was suffer-
ing on the night of June %, 1906. is
a form of mental disease from which
It is reasonably certain he will not re-
cover. and that the discharge of the
said Harry X. Thaw would be danger
Gus to public peace and safety. and
that he should be committed to an in
stitution for the insane 1 am further
of the opinion. on the facts above stat
ed. that the said Harry K. Thaw is
now and for sometime past has been
in such a state of lunacy or insanity
as to he incapable of understanding
the proceedings against him or max
ing his defense"
Exhibit A, to which DR.. Macdonald
alluded is the district attorneys hypo-
thetical question
Harry K. Thaw had a conference in
the TombS prison today with A. r.
Peabody. of his counsel, over the ques-
tion whether Thaw should be permit
ted to hear the argument over the APP
pointment of a lunacy commission to
investigate his mental condition Thaw
wanted his counsel to assure him that
he would be allowed to attend the
hearing in court this afternoon. but
Mr. Pea body did not promise him the
desired permission
ThaW's counsel was said to be of the
opinion that he ought not to hear the
Arguments
fhaw's wife and his sister. the
countess of Yarmouth. also visited him
today. and remained with him for
about an hour.
John B. Gleason of counsel for
Thaw said today that Mr.. Delmas is
responsible if a commission is an
pointed as it was he who called DIR.
Allen McLane Hamilton TO the wit
ness stand. land told Mr. Jerome to
go ahead and ask the witness any
thing he wished to-"
Mr.. Delmas said he would gladly
assume all responsibility. Daniel
q Reilly of Thaw's counsel. said to-
day that Thaw's counsel had no doubt
of being able to convince the court or
an insanity com mission of Thaw's
sanity. He said that each one of the
counsel would submit an affidavit TO
the effect that Thaw had been during
the trial and is now capable of advis- |
ing with his attorneys.
Proceedings in Court.
All of the attorneys were in court |
this afternoon at the time set for fill !
Ing affidavits petitions. etc. in sup
port or denial of the district attorneys |
suggestion that Thaw is in no fit men |
tai state to be on trial for his life.
Mr.. Jerome brought the affidavits of |
his alienists to the effect that Thaw is |
suffering from an incurable form of |
@aranoia, and at present is unable to