Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-20
THAW CRAZY SAYS
EXPERT AND COURT
STOPS THE TRIAL
Continued from First Page.)

| lation that the district attorney must no
be estopped on cross-examination from get
ting at the truth of this story. 1 want al
| the truth in this case. The learned counse
from the Pacific slope offered to throw
open the doors at the beginning of the
trial. but when 1 put the photographer or
the stand to fix dates by which I could
| prove an alibi for Stanford White the
doors were shut tight"
Mr.. Delmas repeated his arguments, and
after he had finished Justice Fitzgerald
said:
This is not discretionary matter. On
the record in this case 1 must rule accord
ing to the law. The objection Is sus-
| tained'
Mr.. Delmas offered to state as a matter
Of discretion what he intended to prove by
DR.. Hamilton.
| Mr.. Jerome again objected, but Justice
| Fitzgerald instructed Mr.. Delmas that
he might state in general what he wished
| to prove, but that he might not go into
| facts.
Now. you honor" said Mr.. Delmas
| that you have sustained the objection to
| the question to this witness on purely
| legal grounds, 1 appeal to your discre-
| ton
Il have already sad.'' interrupted Justice
Fitzgerald, that 1 have absolutely nc
discretion on the record of this case.
must rule according to the law"
Four Visits to Thaw.
| Mr.. Delmas said that Justice Fitz-
gerald had ruled on only one question put
| to the witness, he would proceed to ask
others.
How many visits did you make TO the
| defendant doctor?" he asked.
Mr.. Jerome did not object. and DR..
| Hamilton said he had visited Thaw four
times, on June q and % and July Z
| and 8.
| "As a result of these visits were you OF
the opinion that Thaw at that time was
| insane?'
Mr.: Jerome objected to this, and was
| sustained.
| .sYour honor" said Mr.. Delmas, has
| permitted us to give certain converse
| tons of Thaws in evidence. L propose
| to ask DIR. Hamilton to tell all that oc-
CURED on his four visits to Thaw. After
| / have proved that this witness was of
| the opinion that Thaw was insane l pro-
| pose to ask him regarding the converse
| TONS
Justice Fitzgerald declined to reverse his
| decision.
MIR. Delmas then asked: Did you form
| any opinion, doctor!
Justice Fitzgerald said the witness might
| answer this yes or no.
| Yes" relied DIR. Hamilton.
state what that opinion was"
| Mr.. Jerome's objection sustained.
| Justice FITZGERALD said if he allowed DR.
| Hamilton to testify at this stage of the
case 1t might entail the denomination OF
all the experts for a month to come. AS
long as there is legal force to the obJec
tions of the district attorney" said the
| Judge. 81 will decline to Interfere as mat
ter of. discretion"
Mr.. Delmas Persistent.
| Mr. Delmas was persistent, and asked Dr
| Hamilton IT, as a result Of his four visits
he had reached an opinion as to the state
of Thaw's mind on June % last.
Mr.. Jerome objected. saying the question
| was not proper surrebuttal, but Justice
FITZGERALD allowed yes or no answer.
| 81 did form an opinion" said DR.. Hamil-
| ton.
| please state to the jury your opinion as
| to whether not Thaw was insane
Mr.. Jerome objected and was sustained
Mr. Delmas then asked for a fifteen min
ute recess for consultation of counsel
| This allowed.
| the recess and Mr.. Delmas Immediately
| asked permission to read to DR.. Hamil
ton the indictment against Thaw. Permis
| sion was given and the Indictment wa:
| read to the witness in an undertone.
I'm your opinion" asked Mr.. Delmas. Iii
| view of the knowledge you acquired as tt
| the mental condition of ThaW from the
| four visits you made to him. did he know
| that the act set forth in the indictment
| was wrong?
The Question Repeated.
Mr.. Jerome objected to the question an6
| was sustained
Mr.. Delmas repeated the question in vari
| ous forms. He was met each time witt
an objection from the district attorney
! which Justice Fitzgerald invariably sus
| tanned.
| He then announced that the result Of
the consultation of counsel he was ready
to accept District Attorney Jerome's offel
| to tell all he knows about the case o.
| Harry X. Thaw.
| IF counsel desires to conduct full In
| CURRY including the hypothetical question
of the district attorney, will not offer ar
objection said Mr.. Jerome.
! Justice Fitzgerald wanted to know if the
district attorney withdrew all the objec
| tions upon which the court had ruled. Mr.
| Jerome said he did not.
| Mr.. Delmas then said:
"Now. doctor, state all the facts that you
learned or observed during your four visits
| to the defendant"
Family History on Both Sides.
To this Mr.. Jerome added: Including all
you learned as to the family history on
| both sides. while you were in the case
| what does the learned district attorney
mean by While you were in this case?"
Il mean before YOU came into the case, u
replied Mr. Jerome.
, Mr. Delmas then said that District At
torney Jerome had repeatedly stated In
court that If he were honestly convinced
that Thaw was insane when he shot and
| killed Stanford White he would not longer
take up the time of the court in trying him.
I'VE propose now. by your own witness, u
said Mr.. Delmas. Ito honestly convince you
that Thaw was insane"
At this point Justice Fitzgerald said he
thought the jury should retire. They did
so, and Mr.. Jerome began an impassioned
] address to the court.