The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1907-03-22
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is incapable Of instructing his coun-
sell"
"I think he is said DR.. Hamilton,
shortly. Mr.. Gleason blinked a mo-
ment, but returned to the charge.
Have you made any such state
ment to his counsel?" he asked.
81 have" was the answer.
"At what time did you make the
statement"
Several months ago"
Mr.. Gleason choked up, but recov-
cred himself and gave the boomer
ang a final swing.
Did you ever make any such state
ment to me?"
"I did" said DR.. Hamilton.
Did you not state to me, sir, that
in your opinion the defendant was
probably able to instruct counsel and
that you would so testify?"
81 made no such remark" replied
the witness. calmly.
did you not state to me, sir" per-
sisted Mr.. Gleason, while the entire
courtroom cruelty grinned, that you
would testify that the form of insan-
ity from which the defendant was
suffering was one from which, aC-
cording to reliable authoritie the de-
fendant might recover?"
81 did not" said the doctor.
81 told you that two per cent of
them might recover"
The boomerang had returned. But
Mr.. Gleason, though obviously Jared,
was not crushed.
81 desire to state" said he, that
in my opinion the defendant has been
able at all times to instruct counsel
and in my opinion counsel acted under
the honest belief that the defendant
was sufficiently able to instruct coun-
sci to entitle him to do So"
The court said any affidavit from Mr..
Gleason would be considered and that
he did not think Mr.. Jerome desired
to make any aspersion upon Mr.. Glea-
son.
After court had adjourned, Daniel
O'Reilly, of counsel for the defense,
was asked in the presence Of Mr.. Del
mas, if it was by concerted agree
ment of counsel that they had left the
court room while Mr.. Gleason was
still talking
at certainly was" said Mr.. O'Reilly.
Mr.. Delmas was asked if the report
that he was to leave the case was
correct. Before he could answer, Mr..
OReilly, whe scenes to have been Sc
lected as spokesman, replied;
Mr.. Delmas is not out of the case.
He has been and will continue to be
chief of counsel. He was made so
by Mr.. Thaw after the first day that
the taking of testimony begun. There
will be no change in this respect be-
cause of what has taken place today.
So far as Mr.. Gleason is concerned,
speak by authority when ] say that
his voice will not be heard again in
court during the progress of the trial"
Mr.. O'Reilly expressed the opinion
that a commission in lunacy would
surely be appointed. Mr.. Hartridge
would not go as far as that, but they
agreed that the commission, If ap-
pointed, would certainly report that
Thaw was legally sane at the present
time, because it could be shown tnat
Thaw is perfectly able properly to
advise his counsel.
81 have just come from the Tombs,"
said Mr.. Hartridge, "and | never saw
Mr. Thaw looking better. In my
opinion the district attorneys action
today was a confession of weakness.
He knew that he could never convict
the. defendant and threw up the
sponge"
Why" Clipped in Mr. O'Rielly,
"Thaw knows more about his case to-
day than half Of his lawyers, but am
not going to specify which half !
mean" Mr.. Delmas would make no
statement.
1t was learned from another source
that Thaw was not enthusiastic over
what happened in the courtroom this
morning. He certainly appeared any
thing but pleased when he arose and
tucking his portfolio under his arm,
strode up the aisle and through the
open door. His face was white and his
lips were twitching neryously. 1t was
reported that he believed that ser
ious error had been made in putting
DR.. Hamilton on the stand The call
ing of DR.. Hamilton, Mr.. Delmas said,
was decided upon at consultation OF
counsel and that Mrs. William Thaw
had nothing to do with it. This
statement was the result of report
that the defendants mother had had
long interview with Mr.. Delmas
Tuesday night In the course of which
she insisted that DR.. Hamilton should
be called.
The district attorney and his star
put in three hours of hard work this
afternoon on the proposition of the af.
fidavit. Mr.. Jerome had all his alien
lists before him in the library of the
criminal courts building, as well as
two or three reporters who have sat
near Thaw In the course of the trial.
Before dark, the affidavit had been
completed It will consist of about
40 printed pages.
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