The daily morning journal and courier., 1907-03-30
THAW SPENDS A QUIET
 GOOD FRIDAY IN TONDS
PREPARES FOR RENEWAL OF HIS MENTAL TEST THIS
 MORNING.

Report That Dr. Allan McLane Ham,
 iItOn, AIienist, VIII be Called to Tes-
 tify TO-day-May be Only Insanity
 Expert Examined-Has Expressed
 Opinion That Thaw is at Present of
 UnsOund Mind-Again Rumored That
 Neither Thaw's Own Lawyers Nor
 District Attorney Will be Allowed to
 Question Him.
 New York. March 229.-The comnis- sion in lunacy which is examining into the present mental condition of Harry K. Thaw may finish it's work to-mor- row and be ready to report to Justice Fitzgerald Monday. The Thaw jury will report at 1O:sO clock Monday morning and it is the hope of the pre- siding judge as well as of the commits sion that the matter of the defendants sanity may be disposed of by that time.
 If the commission should submit report to the effect that Thaw fully uil- derstands the nature of the proceed ings against him and has rationally advised his council, Justice Fitzgerald will simply direct that the trial pro- coed without making public the com- missions findings.
 If the report should be against Thaw Justice Feizgerald will announce the decision from the bench, and if he deems the prisoners release to be dan- gerous to the public peace and safety, he will sign an order directing his con finement in some state hospital for the insane.
 To-day being Good Friday, there was no session of the lunacy board and Thaw spent quiet day in the Tombs preparing for a renewal of his mental test tomorrow morning at ten o'clock. The session of the commission at that hour will again be private and there will be no public hearings at all unless the commission decide to call witnesses other than the defendant
 From sources assumed to be authen- tic, it was given out late tonight that pr. Allan McLane Hamilton, alienist, will be called upon to testify to-inor- row before the lunacy commission which is to determine whether Harry K. Thaw is competent to understand the nature of the proceedings in his trial for killing Stanford Waite, and to rationally advise his counsel Ega l Dr. Hamilton, it was stated, will ap- | pear as a witness at the request of the commission and will be the only sanity expert examined.
 The declaration that Dr. Hamilton will be called was a surprise, for it had been generally understood that the commission would not hear any expert testimony as to the defendants condi- ton of mind. Dr. Leopold Putzel, one of the commissioners, it was expected, would be relied upon to determine any medical points involved.
 It was Dr. Hamilton's testimony at the trial tbat precipitated the move- ment for lunacy commission Origi- nally retained by the defense he exam ined Thaw and was expected to qualify as witness for the defendant Later, however, his connection with the de- fense was severed and he was subpoe- naed to the witness stand by the de- fense. Under examination he testified that Thaw was insane when examined by him and he believed him still in- sane. Replying to question by Attor- ney Gleason for the defense, pr. Ham ilton said he believed that the prisoner was unable to properly advise his counsel.
 District Attorney Jerome at this point interrupted the witness and ap- pealed to the conscience of the court to consider whether a lunacy commission should be appointed
 District Attorney Jerome 1t was known had been anxious to introduce certain witnesses before the commis- sion, but up to tonight there appeared little likelihood that he would be suc- cessful. This evening, it was said, the lunacy commission notified the district attorney that 1t would require the presence of pr. Hamilton tomorrow. 1t was also stated that pr. Mcclure, the Tombs physician, and other off, cials at the Tombs would be called
 Again to-day it was rumored that neither Thaw's own lawyers nor Dis- trict Attorney Jerome would be allowed to question Thaw or any other witness es who. may be called upon to testify at the inquiry.
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