The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-03-31

from Attorney Gleason, which was
sustained by the commission. Mr.. Je-
/ rome then said he would undertake no
/ further crOss-examination of counsel.
/ Chairman Mcclure asked Mr.. jerome
why DR.. MCGUIRE, the regular TOmbs
! physician, had not been produced be
/ fore the commission. Mr.. Jerome said
! he had not seen the physician today.
we saw him last in the district at
! torney's Office" interrupted Attorney
! Hartridge, ''and we supposed he would
surely be here"
| 8 A messenger was sent to summon the
doctor, but he could not be found
! Why has he absented himself2' in
I quiTed Mr.. Mcclure, looking from one
I lawyer to another. No answer was
/ forthcoming, and the chairman direct
/ cd that the doctor be subpoenaed for
/ next Tuesday, and at the same time
/ reminded District Attorney Jerome
4 that as ne had made the suggestion ~on
/ the court record as to Thaw's present
/ Insanity, the burden of proving il rests
with him. Mr.. Jerome said that when.
/ his seven experts are allowed TESTIFY
/ ne will submit TO them a group of facts
upon which they win give a scientific
! opinion that Thaw is now of unscund
mind.
Examination is Thorough.
I Thaw. during the executive session,
was carried over almost every detail of
! his trial. it is understood. and was
asked regarding the testimony offered
/ by various witnesses as to the effect
he thought this testimony might have
on jury. and the general tenor of the
( courts rulings on the broader points
Of law. on CrOss-eXamiuatiOn Mr.. Je-
rome sought to question Thaw regard
Z ss,e ba h 70 I
Dennison Lyon of Pittsburg since the
/ tragedy on the Madison Square roof
garden. Mr. Jerome said he based his
contention as to Thaw's present insan-
ity partly on those letters. The COM
mission ruled that the letters could not
be accepted as evidence. Mr.. Jerome
argued the point. but in vain.
That Mr.. Jerome had been in fire.
quent clashes with the commission
oven during the secret session was APP
Darent from the tense feeling which eX-
isted after the doors had been thrown
open.
The Thaw jury will report before
Justice Fitzgerald ii { 1880 o'clock Mon
day mor.ing. Prior to that time the
presiding Judge will consult with the
lunacy commissioners as to the amount
of time they will require to complete
their work. and Will then dismiss the
y
sary. Tt was partly due to the fact
that the jury is 10 report Monday and
partly because District Attorney Je-
rome and Thaw's lawyers wish to call
certain points of law to the attention
of the commission, that Tuesday was
fixed for the resumption Of the lunacy
proceedings.
Thaw Appears Calm.
District Attorney Jerome after the
luncheon recess was permitted to cross
examine Thaw for forty-five minutes, af-
ter which the courtroom was thrown
open nr. Hamilton was called to the
stand and sworn. Has examination was
taken up by Jerome. Thaw appeared per
fectly calm after his long ordeal of cues
tioning-
he sat facing the commission and pc
tween Attorneys Peabody and Hartridge.
Dr. Hamilton said he had known Thaw
for two or three years.
During that time did YOU have any
conversations with him?' asked Mr.. Je
Mr. Hartridge objected on the ground
that DR.. Hamilton was a physician in the
employ of Thaw and was barred from
testifying.
The commission seemed about to decide
in favor of Mr.. Hartridge. Mr.. Jerome
said;
Are your honors going to rule without
NO, you will be heard" said Mr.. Nc
Clure.
Hamilton Shut Out.
Mr. Jerome said the professional priv
ilege was waived by the defense in the
Thaw case when DIR. Hamilton was Of
fered as a witness by the defenses at
torneys during the last days of the trial.
The commission decided it would be its
own guide to allowing DR. Hamilton
TO testify. Mr.. jerome was allowed to
put this question:
Doctor, are you able to state now
your opinion as to whether or not this
defendant is capable of rightfully under
standing his own condition. or of COM
pretending the nature of the proceed
ings against him and of nationally advis-
nights counse12''
Mr.. Hartridge objected.
Chairman Mcclure asked DR.. Hamilton
if such opinion would be based on his
professional relations with the defend
ant.
Partly So said the witness.
Exclude what YOU learned in your pro-
fessionai capacity and then answer the
question: said Nh. Jerome.
Or. Hamilton said he could not wholly
exclude all the facts learned i'm his pro-
fessional capacity
THAT being the case said Chairman
Mcclure. and no professional privilege
having been waived before this commits
sion, the witness cannot answer
Calls Him Rational.
DR.. Hamilton thereupon was excused
and DR.. Jackson r. Campbell, former
Tombs physician was called.
DR.. Campbell said lie had been employed
last Wednesday by Thaw's counsel to
examine Thaw and saw him in the Tombs
last Thursday and Friday.
DIR. Campbell was asked by the chair
man to confine his testimony to the time
previous to his employment by Thaw's
counsel The witness said he still acted
as Tombs physician, when DR.. Mcclure
the regular physician, is i'll. He had seen
Thaw many times since his incarcerated I
Were his acts rational or irrational?"
asked Chairman Mcclure.
Rational" replied the witness
DIT. Campbell said he had noticed moth.
ing unusually in Thaw's conduct
He watched him for an hour on one CO. |
cason and during that time Thaw swung |