New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-22
CALL THAW PARANOIAC
AFFIDAYITS SUBMITTED.
DR.. Hirsch Says He Is Incur0bIe-
Defence Gains More Time.

oO44AiNioil
commission in lunacy were submitted yesterday
to Justice FitzGeraId in the criminal branch
of the Supreme Court No action taken,
however. as the defence had not prepared its
affdaVits. The court granted the defence until
Tomorrow afternoon 10 have them prepared and
submitted and adjournment was taken until
Monday, by which time Justice FitzGerald will
have studied all the evidence and will probably
make his decision. The court announced. how
ever, that if found necessary he would call on
either side for additional facts. In all proba-
bility no witnesses will be called to substantate
Air. Jerome's contention before a decision is
given, but if any one is called it will be Dr.
Allan McLane Hamilton.
The hearing yesterday afternoon-it not being
the trial proper. the jury not present
was impressive. The courtroom was crowded,
every chair was occupied and number of law
yers of reputation from other cities were pres
ent. Several alienists occupied the seats in the
jury box. Dolphin NJ, Delmas, of counsel for the
defence although he had announced his with
drawal from this stage of the proceedings, was
in charge again yesterday and by a strange
coincidence John B. Gleason, who assumed
charge on Wednesday, did not say one word
during the entire hearing.
EIGHT AFFIDAvITs SUBMITTED.
The affldavits which the District Attorney
submitted to support his contention eight
in number. The first one was made and sworn
10 by Irwin Shrewsbury Cobb. newspaper re-
porter Mr. Cobb swore TO having received a
note from Thaw during the trial given under
somewhat mysterious circumstances. which
note previously published. was considered more
or less incoherent
All OF the other affdavits made by the
seven alienists for the prosecution They
DIR. Austin Flint. Or. Carlos F. Macdonald. DR.
William Mabon, DR. William B. Pritchard. Dr.
William Hirsch, DR.. Allan Ross Diefendorf and
Or. Albert w. Ferris. The afidavits were prac-
tcally alike, with the exception of that made by
DR.. Hirsch. who went even further than the
others Or Macdonald in part swore:
Assuming the facts In Exhibit che prosecutions
Hypothetical question: 10 be true and from my per-
sona observations OF the defendant In court during
that ] made OF the defendant in the library Of the
District Attorneys ohice on June n 1905. ! OF
the opinion that the defendant is now and for some
time past has been suffering from form Of mental
disease commonly known among men skilled in
mental diseases as paranoia That II is my opinion.
,gEcr tba 5a aferr, ~ Led s,srflrd TyS on i,,Te
3. 1875. he was thcn suffering from said mental
nature ana auaIty Of the act he was doing. and
thar II was wrong namely that he then and there
knew that he was aisChargng into the body OF
STANFORD white into whose body he was dlscharg-
ing loaded revolver; and that he Then and there
death, and that ne then and there knew that such
Of the people Of this state ana in Violation Of law
merated that the mental disease commonly known
rs paranoa. from which the defendant was suffer
from which it is reasonably certain he viii re-
G0Ntr anu 5iat l5.e als'li g 81 'e sdlu IiaIIy IA
safety. and that he should be committed 10 an
opinion on The facts above stated that the said
been In such state of lunacv or insanity as 10
be incapable OF pnderstandng the proceedings
against him or making his defence.
In the last paragraph of the afidavit made by
DR. Hirsch he changed the wording. making it
read even stronger. Instead Of saying 1T is not
reasonable 10 believe" that Thaw VIII recover
Dr Hirsch said. In my opinion the form Of
mental disease in the said Harry X. Thaw Is
such that he cannot possibly recover from the
same"
The afidavits of the alenists were all based on
the same statements of facts. which included
Thaw's family history. with its hereditary ten
dency TO insanity; Thaws actions during the
trial including tho writing of the note. all the
facts alleged in the hypothetical question given
by the state and tho evidence during the trial.
The hearing began without Thaw being
brought into court. He had been taken TO the
prisoners pen" but was not brought in. JUS
tice FitzGsraid began at once upon the open
ing Of tho hearing to read from the argument Of
the District Attorney on Wednesday. when Mr.
Jerome said he had information which he was
not able. legally 10 lay before the court and IL
he able it would so shock the conscience of
the that the trial would be Immediately
stopped. The court also cited Mr. Jerome's
statement charging the lawyers of the defence
with unprofessional conduct. Mr.. jerome was
asked to explain these statements. and said that
he had embodied in the affidavits all that he
thought necessary TO influence the conscience Of
A.. Il tl,nt n NOT
care to submit an affidavit. fearing it would be
professional discourtesy. and continued:
NO AFFIDAVIT FROM DR. HAMILTON.
I'm the state of Dr. Hamilton's testimony
could not make an affidavit as to his testimony.
I believe, however. that he has other facts Of
the highest Importance in throwing light on the
sanity Of this defendant Because Mr.. Delmas
raised the question OF privilege could not get
an affidavit from Or. Hamilton and will not he
able to get it unless Mr.. Demas shall waive
the privilege. 1 can put DR. Hamilton on the
stand and let the court decide whether the
question of privilege has been waived by his
testimony not.
Il think II is due to myself I'm reference to my
| attitude taken in this to say that 1t has
been my personal opinion for some time that
this defendant insane. But whatever my
| personal opinion may have been In order to
| relieve the courts mind Of any doubt as to my
| conduct / was bound by my official oath to
prosecute this case. could not officially act in
any other way until / had something which
could present to the court in legal FORM
Mr. Delmas did not respond to Mr. Jerome's
request to waive the professional privilege be-
tween Thaw and DIR. Hamilton, and Mr.. Jerome
continue to relate what his experts had told
him about the defendant He said that all Of
them had told him they believed Thaw was n