Waterbury evening Democrat., 1907-03-20
Jerome and Delmas Have An other Clash on Admission 0f
 Testimony of Alienist
JEROME IS SUSTAINED
Dr. Allan McLane Hamilton Who Was Subpoenaed By the State Was Not Permitted to Testify For
 the Defense.

New York, March 2O.-The Thaw trial opened to-day with decided surprise. Attorney Delmas for ihe defense withdrew the offer of the let ter which he wanted to put in cvi- dence yesterday afternoon. This let ter was written by Harry Thaw to J. Denniston Lyon, Il banker of Pitts burg
 Following this Mir Delmas turned to the clerk and said: "Call Dr Allen McLane Hamilton. Dr Hamilton took the stand. He IS the alienist who has been under sub poenae by both the defense. and the prosecution at various stages of the trial. Dr Hamilton has stated tho be- lief that Thaw not only was insaice when he shot and killed $ tanford
 White, but has remained so. He does
 not appear as an enploye of either the state or the defense, he has pub licIy declared, but has held himself
 ready to take the stand at any time
 and impartially give the results of the examinations he made of the defend- ant shortly after the tragedy. At that time he was engaged by the attor- neys for the defense, but when Judge Olcott left the case, Dr Hamilton
 withdrew.
 Dr Hamilton, after qualifying as an expert under Mir Delmas questioning
 said that with other alienists he had
 seen the defendant soon after his in
 carceration.
 Was there any medical or physical
 examination at that time! asked Mir Dellnas.
 ..There was q medical examination
 as far as it went,' replied Dr Hamil- | ton. "What was that examinati0n?' Mir Jerome at once objected. This is n re-opening of the whole
 case." he, argued. ,'Dr Hamilton's evidence has no place here. Ii be l longs in the case in chief and not in rebuttal. Dr Hamilton has been here all the time and could bave been
 called at any time The district attorney" replied Alr Delmas, 'has on several occasions called your honor's attention 10 the fact that he isa quasi-judical ofiice,. He has no right to come in here now
 and attempt to shut out the truth in
 That is not so.' broke in Mir Je- | rome. .'if the objection is made on the ground l will withdraw my objection. | I am perfectly willing to reopen this | whole case and let all the truth go | in
 Mir Delmas continued to argue the point and Justice Fitzgerald asked if
 it was not fact that Mir Jerome had | withdrawn his objection. ''I am perfectly willing to with
 draw it, replied the district attorney, provided the defense is willing to al | cross examination. But If it Is the purpose. to bring out only part of the truth shall certainly object" | I have no stipulations to make with the district attorney" said Mir Delmas.
 | Then it is you who do not want I the truth to come out" said Mir Jc-
 rome.
 Mir Delmas argued that the district
 attorney had himself subpoenaed Dr
 Hamilton.
 Certainly did" said the district
 attorney. T have subpoenaed Mrs
 Thaw and dozen more witnesses
 whom have not called. I subpocn-
 aed them that they might be here if
 wanted whether by myself or by the | defense.
 | Justice Fitzgerald sustained Je-
 rome's objection to Dr Hamilton's
 testimony.
 The argument was renewed on the attempt of the defense to question Dr Hamilton further and District Att torney Jerome hinted for the first time that he might ask for a com mission in lunacy. Adjournment was then taken to consider this matter and the hearing will be resumed on
 Friday.