Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-03-20

on the part of the defense, in sup
pressing testimony.
There was an implication of mis-
conduct" said Fitzgerald.
II hear of 1t today for the flrst
time" said Delmas
Gleason Bobs Up.
| Gleason here asked to be heard IN
behalf Of the defense.
II desire to say said Gleason. "that
when this case began, l attempted 10
Introduce evidence on the very point
which the district attorney now de-
mands. but 1t was ruled out on his own
objections.
| Il remember" said Fitzgerald, "rul-
| ing out such testimony on the ground
| that it was in relation to collateral
lfNes."
I'VE have made a perfect defense
here" continued Gleason. "and it is the
duty Of this court to submit that de-
tense to the jury
This court does not need any in
structions as TO it's duty interrupted
Fitzgerald. THAT is matter the
court can attend to for itself, and all
want is all the information l can get
on this subject. The court wants this
information. but if l cannot get it l
will have to act as see fit
For moment all the lawyers were:
talking excitedly at once. Finally Jer-i
ONE made himself heard:
"1he court has asked for all the
facts 1 have in my possession, and I
will willingly furnish them. l will give
them in the form of an affidavit l Will
also furnish the affidavit of DR.. Mahou
and DR.. Macdonald, and If his profess
sional privilege is waived will have
an affidavit from DR.. Hamilton"
THE learned district attorney has
just said that this defendant is at this
moment so insane as not to be able to
instruct his counsel" broke in Gleason
in an angry tone. "and now he asks
that this man whom he has dubbed in-
sane. waive the privilege"
His attorneys can waive 1t for
him. said Jerome.
I'VE will get other affidavits firsts
said Fitzgerald. "and then we will dis
cuss the matter"
Gleason Scores Point.
At this point Gleason again broke in:
Il wish before this court adjourns, to
ask one question of DR.. Hamilton he
said. Then turning to Jerome. Gleason
continued: No man can come into
this court and accuse me of unprofes-
sional conduct. l have practiced in
this county for twenty eight years,
and no such charges were ever before
made against me-"
Go ahead" said Fitzgerald, ask
him all the questions you want to-"
Doctor Hamilton" said Gleason, Sin
your opinion is this defendant incap-
able Of advising his counsel?"
II think he is" replied the alienist.i
structing his counsel, because OF his
mental condition.
Did not you tell me recently that
you thought he was capable of doing,
so?" asked Gleason. j
81 don't think so,'' replied the wit
ness. ~
All Attorneys Excited.
Then another argument followed, all
the attorneys gathering in an excited
group in front of the judges bench.
At the end of the argument, jerome
said to the court that when he had
stated that there was part of the case
which he would call to the attention
of the appellate division of the supreme
court. he did not~mean to charge any
attorneys for the defense with unpro-
fessional conduct.
II want to state here to the court"
broke in Gleason again, that believe
this defendant is perfectly capable of
instructing his attorneys, and l know
all of his counsel think the same thing"
Il will be glad to have any affidavits
along those lines, which you care to
prepare" said Fitzgerald.
Jerome then stated that he would be
able to have his affidavits ready by
tomorrow afternoon, and asked the
court to adjourn the hearing until that
time. To this, the attorneys for the
defense agreed
The jury was called back to the room
and excused until Friday sno,Sing.
"If should decide to appoint COM
missioner to take any other step in
the matter Friday" announced JUS
tice Fitzgerald, Il would wish to name
one Of the alienists who have not been
in the case before. I therefore ask
both the district attorney and counsel
for the defense to furnish me by Fri
day morning, lists of names Of all the
experts who have been in any way
connected with the CASE"
Court adjourned until o'clock to-
morrow.