The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-22

the extreme of allowing the district
attorney fully to examine them in his
private Office
Mr.. Jerome said he had nothing
more to say at this time and court ad.
journed.
Status of the Case.
New York, March 22.-The status
of the Thaw case is now that District
Attorney Jerome has furnished JUS
tice Fitzgerald with affidavits of seven
alienists who substantiate his express
ed opinion that the prisoner is insane
and inca pable of consulting his coun-
sci as to his defense against the charge
of having murdered Stanford White
By o'clock tomorrow afternoon the
attorneys for the defense must file am
davits with Clerk Carroll in the GRIM
inal court building answering Mr.. Je-
rome'S assertion and aff1davits. Inc
district attorney has not formally
moved the appointment of a commls-
sion to examine into Thaws present
mental condition. but has left 1t to the
conscience of the court. as ne ex-
pressed it on Wednesday, to decide
VIII ether the case shall go to the jury
so Justice Fitzgerald will consider the
affidavits submitted by each side and
inform all the counsel when to appear
in court to hear his decision. He may
do more than weigh the contents OF
affidavits for he may call for more
evidence before he makes up his mind
what procedure is advisable. In par
ticular he may seek the opinion OF DR..
Allan McLane Hamilton, the allenlst'
who, when called to the stand by the
defense on Wednesday, evoked Dis
trict Attorney Jerome's strong STATE
ments as to Thaw's mental state, ana
brought about the present condluon
of the case. Should Justice Fitzgerald
do this the defense it is certain viii
strive to bar DR.. Hamilton's testimony
on the ground of professional privilege,
inasmuch as he was engaged py the
defense to examine Thaw and did SO
death. In all this
the jury will have no part, although II
was excused Wednesday to appear IN
court this morning This, however
will be a formality and 1t is certain
that it will again be excused until 1t
has been decided whether ThaW must
undergo an examination as to his
sanity.
Jerome's belief that Thaw is a para
noiac and the corroborative opinions
of the states alienists that he is prac-
tically incurably insane, the defense
will make a determined effort to COM
bat the appointment of a lunacy COM
mission or his going to an asylum. HIS
five lawyers met at the ofhce OF MI
Delmas last night and made plans To-
ward this end. Their afddavits are
now being prepared. These will con-
sist of sworn statements by several OF
them that they found Thaw fully
capable of advising them, and the
sworn statements by some of the pr1s-
oner's relatives to the same effect. Be
sides these there will be afidavits by
alienists retained by the defense, prob
ably Doctors Evans, Wagner and Ham
mond. which will set forth that they
have sat in court beside Thaw for sew
eral weeks have talked with him fire.
ouently and are convinced that he is
quite competent to direct his counsel
as to his welfare in the case
A number of letters to his counsel
since the trial began will also be sub
mitted to the court
If Judge Fitzgerald decides to ap-
point a commission in lunacy, 1t will
consist of three members, an alienist,
a. lawyer and layman. The alienist
must necessarily be one who has not
figured in any wise in the case The,
commission, if cl1osen. VIII examine
Thaw and report to the court II 1t
were to find him sane the trial would
be resumed, If otherwise Justice Fftz-
gerald would be obliged to order
Thaw's confinement in the hospital
for the criminal insane at Mattewan.
Thaw Is not greatly disturbed, it is
said. over the possibility of having to
be examined by a commission His
LAWYERS have told him that the ques-
ton at issue is mainly whether he can
instruct them properly. He is conf
dent upon this point, and confident
also that when once this question is
disposed of, it will be the easier for
his lawyers to persuade the jury as to
the "brain storm line of defense.