Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-03-21


matter of such Importance as the pres
ent proceedings, he thought defense
should have more time to prepare it's
answer
Jerome said he had served copies of
the affidavits on counsel at the earliest
moment he possibly could. He stated
that he would have to ask DR.. Han,tl-
ton to be orally examined. as defense
might desire to plead the professional
privilege in bar OF his testimony.
Hamilton having visited Thaw after
the tragedy at the behest of his then
counsel. After presenting affidavits,
Jerome said he wished to make state
ment of his position In order to clear
himself OF any suspicion that he has
been in possession OF knowledge which
had been withheld from the court.
Your honor may have gathered from
my remarks yesterday" said Jerome,
that 1t was my personal opinion that
Thaw is and has for some time, been
of unsound mind"
II did so gather" interrupted Fitz-
gerald.
1T has long been my personal opn-
ion,' said Jerome, that Thaw is of un-
Soutiu IHtifu. pul tie SouIl 0ia iiCS
want my personal opinion. The court
had to have something tangible before
1t could act. Likewise. I was bound
by my oath to only act when had
something to act upon. That oppor-
tunity was not presented until the de-
fense called DR.. Hamilton to the stand.
He is the one man who has information
which is of the utmost Importance in
determining the course OF this proceed
ing. AS long ago as February 13 last,
DR.. Flint told me that after watching
Thaw in court every day of the trial.
he was solemnly Of the opinion that
defendant was not capable of instruct
ing his counsel. was much concerned
and with my assistant and Drs. Mac
Donald and Mabon. held long confer
ence. told the alienists, who were of
one accord that they must hold their
minds open I then called in other
alienists, and after submitting to them
all the evidence had in my possession,
they Joined with others in declaring
Thaw a paranoiac.
"They all told me Thaw ought to be
in the asylum, not on trial for his life.
framed my hypothetical question but
was unable to get into 1t much Of the
evidence which l had presented pri-
vately to the alienists. Answering the
hypothetical question. they could go no
further than they did go. and say that
Thaw knew the nature and quality OF
his act. 1t was not until Hamilton was
called that could call the courts at
tention to the knowledge possessed by
that learned gentleman Hamilton tried
n a.
duty to apply for commission in lu-
macy.
He told me that Thaw, was para
noiac. 1 replied that l did not believe
it. Now Hamilton is here under oath.
and can state the facts as he knows
them..' ~
Justice Fitzgerald said that he would
like the district attorney to clear up
one impression which was in his mind.
He asked why Jerome had objected
when Hartridge. in the cross examina-
ton of DR.. Mabon, asked the alienist
il he was of the opinion that Thaw
suffered from any form of insanity the
night he killed White. Jerome said that
he objected to the question, as It
was not in proper form, and could not
understand what impression the court
had gained from 1T. Jerome asked II
Delnas would waive the right Of pro-
fesional privilege in the case of Ham
ilton. To this Delmas replied:
IF my client is plunged into that
depth of insanity which prevents him
from comforting intelligently with his
counsel how can waive any rights
for him. With all due respect to the
learned district attorney, his PROPOSE
tion is absurd
Goes Over Until Saturday.
II will tell you how you can settle the
matter" said Jerome in reply. All you
have to do is to stand in your place and
say your client is incapable of confer-
ring with and advising counsel, then
we won't need commission. If he Is
not in that condition, and you are here
representing a perfectly sane man,
then you have the right to waive the
matter of privilege. would sugges,
we put Hamilton on the stand now,
then counsel can make his position
clear. contend have the right to go
ahead with the examination of Hamil-
ton for the purpose Of enlightening the
conscience of the court
Fitzgerald here interposed q state
ment that he would not allow further
examination of Hamilton. Fitzgerald
said he did not believe a further hear
ing Of the subject of commission
was necessary. He wanted, in affi-.
davit form. all that either side had
to offer. and said he would allow de-
fense any reasonable time it desired in
which to submit reply to Jerome.
Delmas said he did not believe he
could complete an answer to the dis
trict attorney before Saturday.
'.In that case" ruled Fitzgerald, ~
will allow both sides to file affidavits
in the office of the clerk of the court
up to p. m. Saturday. There will be
no further hearing unless the court,
after considering the written evidence,
indicates to counsel that a hearing is
necessary"
Court then adjourned until tomorrow
then the jury will be excused until
Monday.
RAISE ASSUAM DAM