Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1907-03-28

THE JUDGE WANTS FACTS
Jerome Asserts That Thaw 70 Suffer
Ing From An inourabIe Form
Of Insanity characterized
BY peIusIons.

the murder Of Stanford White began
fell wednesday. District Attorney
Jerome did not make formal apDli-
cation for the appointment Of com
mission in lunacy. but in an impas-
sion be appealed to the conscience Of
the court declaring as he sits daily
IN court Thaw Is unable to advise his
counsel and Il believed by every one
who has watched and come into con-
tact with him TO be insane.
MI. Jerome asserted that his own
chemists were convinced when they
had considered all the facts in con-
necton with the case that Thaw was
Of unsound mind. mr. Jerome drar
matically accused the counsel for the
defense Of concealing testimony which
II presented to the court. would make
the continuance Of the trial a crime.
So earnestly did Mr.. Jerome plead
that Justice Fitzgerald dismissed the
Jury until Friday afternoon when he
will consider whatever evidence either
side has to offer and decide whether
the trial shall go on or whether q
commission in lunacy shall be appoint
to pass upon Thaw's metal condi-
ton.
The climax OF the nine weeks
trial was precipitated by the action
Of the defense in calling to the stand
DR.. Allan McLane Hamilton, the alien
list, who was first called into the
case by Thaw's original lawyers.
Black, olcott, Gruber & Bonynge, but
Who was dismissed. together with them
when he reported Thaw was suffering
from form Of paranoia, which might
never be cured. 1t was the intention
Of Mr.. Delmas to interrcgate Or.
Hamilton only with reference to four
visits he made to Thaw in June and
July. Mr.. Jerome promptly objected
saying II DR.. Hamilton was to testify
at all he must tell everything he
knew in connection with the case. In.
GLIDING the defendants family history.
The argument which ensued became
30 pertinent to the question Of the
present sanity or insanity Of the
defendant that Justice Fitzgerald or
dered the jury to retire fror1 the
room. Then the dismisslon took on
that broader range which resulted In
the courts determination before rro-
ceedIng further to have presented to
him Tie facts which the district attor-
ney asserted had been withheld from
the jury by the defense and which he
had been unable to give to tho court
In strictly legal form.
III the real facts were known" de-
clared Mr.. jerome, Il have no right
to oe here trying this man for his life.
But the knowledge l have can not be
Tut 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 and instantly this case would
be stopped. So deeply have ! been
with this that have served
notice on counsel Of record that Il
when this trial is concluded ! find
that they were IN possession Of facts
which believe to be IN their posses
sion / shall call the matter to the at
tention Of the appellate division Of the
supreme court. | feel very bitterly
about this matter. There Ia not
man who he's watched this defendant
sitting here at this table that does
not know that as he sits there he Il
Incapable Of advising counsel. Thus.
under the statutes It becomes the
duty Of the court 10 stop the proceed
ings.r
Il submitted to the allenists sum
mcned by the state all the facts in
my possession" said Mr., Jerome, "and
they one and all informed me that
the defendant Is suffering from a dis
ease called paranoia. the chief charac-
terlstics Of which are insane delusions,
that acting under these insane delu-
siOns he killed Stanford White. but
that within the legal definition Of
Insanity he knew the nature and quail
~ Of his act and knew the act to be
wrong
Nov that they have put DR.. Ham
ilton on the stand" explained Nh.
Jerome. 4 have my first opportunity
OF laying before the court sworn test
mony Of a character which may Do
mind the attention OF the coust For
the first time we have the real ovt
denco before ne and I want II al 10 80
IA Your honor win support me IN the
claim that ever since this trial began
have struggled 10 have the doors
opened wide that all the facts might
be brought ont But ! have been mst
With objections and legal restrictions
everywhere.
Here M. 0Eeason to6k up me m.
cusslon. He rejected TIE district "a.
iorney's assertion that ThaW vas
unable % Advice his counsel and Do
clared Il was TIE duty Of ne court 10
submit that question % he jury
'7Ihe court vin determine ll1 duty
l1T it1elf.' replied Justice FirSafnld
NJ oI1a1on naxl demanded beIQr1
~ procoeilnE1 went further t1at
nr. H1mlIion ~ Intercepted ~ %
rhrthor O. nui he thought nav cap
ahi, e adV..ins ~ eeua,,i. lusiies