Omaha daily bee., 1907-03-22
Eight Affldavits Filed TO shsw Defendant
Mentally Unsound
ONE SAYS He IS DANGEROUS CHARACTER
Suffering with Paranoia and Likely to Be
Violent At Any Time
DEFENSE is NOT READY TO REPLY
Judge POStpOnes Hearn Until Saturday
Afternoon at 2 O'Clock.
DELMAs STILL IN CHARGE OF CASE
Court Refuses 20 Hear Any Argument
from MI. HartridEe-Neither
Thaw Nor the Jury is
Present.
OELNAs sTIlL IN CHARGE OF CAS-

NEW YORK, March 21.-District A.
torney Jerome today presented to Justice
Fitzgerald eight afidavits in support Of
the suggestion he made yesterday in the
case Of Harry X. Thaw that the defend
ant is now in such a mental state as 10
be incapable Of understanding the pro-
ceedings against him or making his de-
fense. Court was in session for less
than an hour, Mr. Delmas, for the de-
fense, stating that their answer to the
district attorneys proposition was not
ready. Justice Fitzgerald allowed both
sides until Saturday afternoon to file such
afidavits as they desire. Neither the jury
nor Thaw was in court today. The jury
having been excused until tomorrow at
1880 there will be a brief session at that
time and a formal adjournment until Mon
day announced. BY Monday Justice Fitz-
gerald is expected to be ready to announce
his decision.
District Attorney Jerome pleaded today
for permission to examine DR.. Allan Nc
Lane Hamilton orally, but In the absence
Of a waiver of professional privilege on
the part of the defense Justice Fitzgerald
said he would not allow the doctor to be
examined further at this time. Justice
Fitzgerald added significantly that be
would take judicial notice of everything
which had been adduced In evidence dur
ing the nine weeks Of the trial DR.. Ham,
ilton. It will be remembered, on yesterday
testified that in his opinion Thaw is not
at present capable of directing his de-
fense
Two views of Judges Act.
Refusal of Justice Fitzgerald TO allow
Dr. Hamilton to be interrogated In the
proceedings to enlighten the conscience
of the court as to appointing a commits
sion was interpreted in various ways by
those In court today. The attaches o.
the district attorneys office were inclined
20 the belief that DIR. Hamilton havins
already stated his opinion TO Justice Fltz
gerald the latter deemed It unnecessary Il
precipitate an argument as TO the waivint
OF professional privilege. The defense
soened inclined to the view that justice
TsitzEeraid had held DR.. Hamilton's eFt
dence could not be taken into considera
tion, and that consequently the dStric'
attorneys position was materially weak
ened DR. Hamilton was first called int
the case by Thaw's lawyers and II wa
Uf,iia he was in their employ that he ha'
made his examination of the defendant
Under the law he cannot testify unlcs
there is an express waiver from the ma
who was his patient. Mr.. Jerome's am
ion Of his seven experts who have here
tofore testified and a statement by Irvi
S. Cobb a newspaper reporter, who CAV
the text Of the statement which Tha'
issued at the conclusion of Mr. Jerome
long and severe cross-examination o
Evelyn Thaw.
Mr.. Jerome in presenting his affidavit
called particular attention to the on
signed by DR. Charles F. Macdonald wh
declares he is firmly convinced that Tha'
is suffering from paranoia, and that Will
he knew enough TO realize the nature an
quality Of his act when he shot Stanfor
White he is now and for some time pas
has been incapable OF understanding tn
proceedings against him.
Amdavit of Macdonald.
Dr. Carlos F. Macdonald in his afidav
declares:
After careful examination of the exhibit
and the hypothetical question and the tel
timony and afndavits of Mr. Cobb and a.
sun1inK evidence stated in the case to
true my personal observation in court du
ing the trial and also including certain ol
servations that l made OF the defendant
the library OF the district attorneys offiC
on June 26, 1906, am OF the opinion that II
defendant is now and for some time pa
has been suffering from a form of ment
disease commonly known among men skillC
in mental diseases as paranoia. Yet It
my opinion, based upon what has just bee
Stanford White on June 25, 1905, he WI
then suffering from said mental diseas
commonly known as paranoia, but that h
then mental state was such that he kne
the nature and quality OF the act that
was doing and that II was wrong, namel
that he then and there knew that he Wi
discharging into the body of Stanfo
White loaded revolver; that II was Sta
pII e6sreing S'' a loaded revolver and that
then and there knew that such discharl
was likely to produce death, and that
then and there knew such act on his pa
was against the current morality OF q
people OF this state and in violation OF la
enumerated that the mental disease cor
monty known as paranolar from which [
defendant was suffering on the night
June 25 1906. Is a form OF mental disea
from which il Is reasonably certain he "
not recover and that the discharge OF {
said Harry X Thaw would be dangero
should be Committed to an institution
the insane. I am further OF the opiniC
Harry X. T6aw is now and for some III
past has been In such state OF lunacy
insanity as to be incapable OF understaT
ing the PROCEEDINGS against him OF maxi
any defense
Exhibit A. to which DR.. Macdonald
luded, is the district attorneys hypothe
cal question
Insanity a. Hereditary.
Dr. Austin Flint declared in his afida
that he had been informed by Dr. Bins
man OF Pittsburg that Thaw's aunt, M
Herself was an epileptic. DR.. Flint Al
declared that DR.. John T. Deemar OF X
tanning, Pa, informed him that N. A CC
lev, brother Of Harry Thaw's mother "
an imbecile from birth and that Jos
Cooley, another brother Of Mrs. Wfn'
yrhaw. was violently insane and conhr
IN an asylum. Dr. Flint adds that
Deemar also told him that John Ro
son OF one OF the maternal aunts OF Hal
Thaw. VAS an epileptic from infancy q
prior 20 his Incarceration had maniacal o
bursts in which he attacked his mother "
chair and tAat he also attacked
sister and his family physician.
Dr.. Flint expressed the same conclusi'
as did Dr. Macdonald and the other phS
clans