The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-03-22
.,.me Presents to Court Aft
l,,its to Support Calling of
4 lmnacy Commission.
NOT PRESENT
DURING THE ARGUMENT
NJ Sides Are Allowed Until
Saturday to Present Fur
ther Affidayits.

rrW YORK, March 2l.-District
,crev Jerome today presented to
,,s fitzgerald eight affidavirs in
,oort Of the suggestion he made yes
sv in the case of Harry X.
ii tbat the defendant is now in such
.,rtsl state as to be incapable OF
,srstandng the proceedings against
or making his defense. Court was
.ession for less than an hour, Mr..
.,mps for tine defense, stating that
N answer to the District Attorneys
.ono.ition was not ready. Justice Fitz-
.,sn allowed both sides until Satur-
N afternoon at 2 o'clock 10 file
q aaldavits as they desired. There
M he no further hearing in the matter
tbe appointment Of lunacy com
n,sion unless Justice Fitzgerald so
bets.
Neither the jury nor Thaw was in
La today. The jury had been eS.
IA until tomorrow morning. There
IA he brief session at that time and
formal adjournment until Monday
Eping will be announced. BY Mon
Justice Fitzgerald is expected to
ready 10 announce his decision.
\ Jerome Is Turned Down.
district Attorney Jerome pleaded to-
M for permission 10 examine DR.
Dc MeLane Hamilton orally, but in
\ absence Of waiver Of professional
frilege on the part Of the defense,
:'ice Fitzgerald said he would not
Nv the doctor TO be examined further
h Ibis time Justice Fitzgerald added
|rpi6canily that he would take iu-
'irl notice of everything which had
<.n addueed IN evidence during the
|af weeks of the trial Dr. Hamilton.
4 will be remembered. on Yesterday
.|i6fd that in his opinion Thsw is not
Heseut capable of directing his de
he refusal of Judge Fitzgerald TO
n DR.. Hamilton to be interrogated
'he proceedings TO enhghten the con
'flte OF the court as TO appointing a
EMISSION was interpreted in various
|p by those in court today. The at
'hes Of the District Attorney s Office
fe inclined 10 the belief that DR..
milton, having already stated his
|lrlon to Justice Fitzgerald, the lat
4 deemed il unnecessary to precipi
M an argument as to the waving Of
fssional privilege The defense
Nd inclined to the view that Justice
erald had held DR.. Hamilton S
fnte could not be taken into con
ntlon and that consequently the
net Attorneys position was ma
rally weakened. Or, Hamilton was
called into the case by Thaw s
#yers, and II was while he was in
~ employ that he had made his eX-
nation of the defendant.
Must Secure Waiver,
Itnoer the Law he cannot testify un-
nndcr an express waiver from the
.s who was his patient. Mr.. jerome g
:oavits submitted today embraced the
non OF his seven experts, who have
e'oiore testified, and n statement by
'n .. Cobb, q newspaper reporter,
gave the text Of the statement
9 Thaw issued at the conclusion
NJ Jerome g long and severe cross
.nination of Evelyn Nesbit Thaw.
~ Jerome, in presenting his aft
''n called particular attention TO the
tlpnpH hr Nv
sno declares he is firmly convinced
ihaw is suffering from paranoia,
mat while he knew enough TO re
ihe nature and quality Of his act
ne shot Stanford White, he is now
tor some time past has been IN
ole OF understanding the proceed
against him.
nc reporter: Cobb, in his affidavit,
lorIh the facts connected with
dramatic manner oC issuing his
mont concerning Mr.. Jerome s
Examination Of Evelyn Thaw, All
iacts were narrated Mt the time
'nsistence Of Thaw that tho re-
~ should sign and seal an envelope
nInlng the original OF the state.
~ and compare the original with
3p,Wrlttep copies which were sub
5ssuly handed TO him for distribu.
among tho other newspaper men
Jerome Explains Himself.
s'nct Attorney Jerome occupied
vi the time today in personal
S%aauon OF the reasons which had
Ienion MN from earlier calling the
Du s.a OF the court TO Thaw S pres
III he hae oi mlnd. He said he had
Zen convinced that the defendant
oi gnsouud mind. but he had no
n,, NJ legaiIy bringing tho matter to
kmS,oa SS,,sntlon of the court until Or.
.fenseS was put on the stand by The
n,;,;lInas ;DglIinas declined again TO waive
>fft ss inc ground that. il the Dis
..sen, n,'t:orney's contention as TO the
b&d H. insanity Of the defendant is
IN mo lawyers have no right to
'Abads 5hlng for a lunatic.
0tsim.lp peen rumored all day that
5,rponn would not be in court this
ned ~, because Of tho attitude as.
+ eterao!;. some Of his associate counsel
gN bo%o All he attorneys were pres,
k bs spHer' when Justice Fitzpcrald Id
~ sls sis place on the bench NJ DnI. h,I
, nid. iva. was heard by Justice Fit.
10 srte rwlee Mr.. IIartridge attempt.
< fped The argument but was