Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-03-20

New York March 20.-District At
torney Jerome made the move which
has been menace to the defense in the
trial OF Harry K Thaw, ever since the
hearing of his case was begun nine
weeks ago, by asking Justice Fitzger-
aid to hear evidepce as to the ap-
pointment of commission in lunacy
to determine the present state of the
defendants mind. The trial was inn
mediately halted, the jury excused un-
til Friday morning. and Fitzgerald ad-
journed the court until 2 o'clock to-
morrow afternoon, when he VIII re-
ceive affidavits from the opposing
counsel, to determine whether or not
d a lunacy commission shall be appoint-
ed.
Fitzgerald called for every bit of
available information, and went so far
as to state that in his personnel Of the
proposed commission, he did not wish
to appoint anyone who had been con-
suited in. the case by either side.
Thaw, who had appeared pale and
tired when the days session. OF the
trial begun, turned crimson during the
exciting scenes which attended the ad-
journment of court on Jerome's motion
for a lunacy commission.
He bit his nails, fdgeted about in his
chair for awhile, and finally assumed
an attitude Of dependency. The radi-
cal action taken by Fitzgerald, chang
Ing the entire aspect of the trial, was
precipitated by the Introduction of DR..
Allan McLane Hamilton as witness
for the defense.
Jerome said he would not object to
Hamilton testifying provided defense
would consent that he should tell all he
knew Of the case. Delmas sought to
have the doctors testimony limited to
the four visits he paid Thaw during last
June and July. Then came the storm.
Jerome declared there was evidence
In his own hands and in the hands of
counsel for defense which would con-
vince the court that the trial should
proceed no further. Delmas began to
fight against the district attorneys
move. but the matter was soon taken
out of his hands by John B. Gleason.
who opened the5case for the defense.
Gleason demanded that Hamilton's
testimony be Immediately taken as to
whether he believed Thaw incapable Of
advising counsel Fitzgerald allowed
Gleason to put the question.
II believe" said Hamilton, that he
is incapable of advising counsel"
This seemed to impress Fitzgerald.
He then ordered an adjournment. Fitz-
gerald said defense need not be afraid
of any inquisitorial proceedings. He
would act fairly and impartially in
determining whether or not in his
judgment commission in lunacy is
demanded.
II Justice Fitzgerald shall decide
In favor of commission, 1t means
that the trial will be suspended until
such time as the commission may re-
port. If the commission decides that
Thaw Is now insane, the trial will of
course be abandoned, and the defend
ant committed to the state asylum. II
the commission believes Thaw is sane
at present, the trial will be resumed.
Jerome is manifestly pleased with
the new turn of affairs. Thaw's coun-
sci also professed TO be pleased, de-
claring Jerome's move an acknowledge
ment that he was defeated.
TT is very fortunate for the defense.
and victory" said Hartridge.
How 1t Came About.
Z New York. March 20.-The Thaa
trial opened today with q decided sur
prise. Attorney Delmas withdrew hisi
- re- n