The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-21

AAft AfledSAH next hfHlbiiueu btABHb Aht
proceedings went further that Or, Hamil-
ton be interfesated us to whether or hot
he Thought Thaw capable OF advising his
counsel ut the present time. The doctor
said further that he had 30 reported to
counsel In tho case
Justice Fitzgerald demanded thu eoun-
sci on both Sides submit TO him tomorrow
all the evidence they possessed touching
upon the sanity or insanity OF tho de-
PENDANT, II tho defense did not desire to
do this, he said ne could not compel It,
and would have to proceed without such
evidence from them to combat that TO be
offered by the district attorney.
Personnel Of the Commission.
Justice Fitzgerald said further that II
the professional privilege was pleaded to
bar any of the testimony DR.. Hamilton
had to offer, 1t would be construed as
meaning that the defense did not desire
that testimony to so into the record
Justice Fitzgerald even went so far as
to discuss the personnel OF possible
commission In lunacy. He said he did not
wish to appoint any alienists who had
been consulted In the case by either side
and desires to be given the names OF
every doctor to be consulted 1t was
agreed that both sides should submit al
f1davits tomorrow.
When the trial adjourned. Mr.. Hart
, ridge and Mr.. O'Reilly of Thaws coun-
sci professed the greatest pleasure over
the turn of affairs.
"rhe district attorney has acknowl-
edged himself beaten said Mr., Hart
ridge. I'VE can combat the lunacy com
mission. In the meantime the district at
torney has acknowledged that he be-
lieves Thaw was insane when he shot
White. That ought to give us an aeqult-
tai"
District Attorney Jerome was manifest
~ pleased with the idea of a commission.
He Immediately set to work nTe0afns al
fdavits He will be ab.sss.a -aesasza 800
Justice Fitzgerald tomorrof
mony he has been unable to get before
the jury.
Mr.. Delmas declined to make any deiln-
lite statement. He merely said that 1t
had been agreed that when the case
reached the stage which developed today,
Mr. Gleason would take charge.
Mrs. William Thaw and Evelyn Thaw
left the court house together after they
had had a brief chat with the prisoner,
and told him that victory was IN sight
1t will be recalled that the elder Mrs
Thaw was anxious to tell about the in
huence of heredity in the Thaw family
when she was on the stand, but had been
cut short by counsel
When Thaw reached his cell in the
Tombs he began to write at furious
pace, saying it would be his statement to
be submitted to the court.
The trial opened today with decided
surprise Attorney Delmas withdrew the
offer of the letter which he wanted to
put in evidence yesterday afternoon, writ
ten by Harry Thaw to j. Denniston Lyon
banker of Pittsburg.
Following this Mr.. Delmas turned to
the clerk and said; Call DR.. Allan Nc
Lane Hamilton"
Dr. Hamilton at once took the stand.
He is the alienist who has been under
subpoena, and by both the defense and
the prosecution at various stages of the
trial. Mr.. Hamilton has stated the belief
that Thaw not only was insane when he
shot and killed Stanford White, but has
remained SO. He does not appear as an
employee of either the state or defense,
he has publicly declared, but has held
himself ready to take the stand at any
time and give impartially the results of
the examinations he made of the defen-
| dant shortly after the tragedy. At that
time he WAS engaged by the attorneys
for the defense. but when Judge Olcott
left the case DR.. Hamilton also with
drew.
DR.. Hamilton, after qualifying as an ex-
pert under Mr.. Delmas' questioning, said
that with other alienists he had seen
! Thaw soon after his incarceration.
WAS there any medical or physical ex-
animation at that timer" asked Mr.. Del
mas
There was a medical examination as
far as it went" replied DIR. Hamilton.
what was that examinations"
Mr. Jerome at once objected.
This is reopening of the whole case"
he argued DIR. Hamilton's evidence has
/ no place here. 1t belongs in the case in
chief and not in rehuttal Dr. Hamilton
has been here all the time and could
have been called at any time"
Whole Truth
THE district attorney replied Mr.. Del
mas, has on several occasions called
your honors attention to the fact that
he Is a quasi-judcial officer. lie has no
right to come in here now and attempt
to shut out the truth in
THAT Is not So" broke in Mr. Jerome,
IF the objection is made on that ground
| will withdraw my objection. | am per-
fectly willing to reopen this whole case
and let all the truth go in provided the
defense is willing to allow the whole truth
to come out on cross-examinaton. But
il it is the purpose to bring out only part
of the truth | shall certainly object"
81 have no stipulatons to make with
the district attorney" said Mr. Demas.
Then it Is you who does not want the
truth to come OUT said Mr.. Jerome.
MI. DGlllldS went on To dTSu llldI the
district attorney had himself subpoenaed
DIR. Hamilton.
Certainly / did" said the district at
torney. Il have subpoenaed Mrs. Thaw
and dozen more witnesses whom l have
not called. l subpoenaed them that they
might be here if wanted. whether by my
self or by the defense
Mr.. Delmas insisted that Mr.. Jerome
had definitely promised to call Mr.. Hamil-
ton and failed to do So
HE has not redeemed his promise to
your honor" said Mr.. Delmas, when
he was invoking Il rule from you by de-
claring he would call DIR. Hamilton. We
propose to prove by this impartial wit
ness that when this alleged crime was
committed this defendant was insane and
could not know the nature or quality of
his act"
Argument as to Testimony.
Mr.. Delmas called attention to the fact
that James Clinch Smith was allowed
to testify as a matter of discretion after
the prosecution had closed its case in
chief.
District Attorney Jerome replying to
Mr. Delmas, declared counsel had made
many unjust and unfair insinuations
against him.
And your honor knows" he said that
when DR.. Hamilton made his examina-
tions of this defendant he was acting for
the defendants counsel and without an
expressed waiver of privileges from the
defendant ! would be stopped from asking
a single question You remember the
privilege pleaded when DIR. Carlton Flint
took the stand; when Attorney Long