The Montgomery advertiser., 1907-03-30
TO EXAMINE
 DIR. TAMIL Alienist to Appear Before
 Board. SURPRISE TO THE DEFENSE
SURPRISE TO THE DEFENSE
Were Looking for Decision by
 Commission Today.
Also Stated That pr. McGuire and Some other omcials of the Tembs' Prison wfn Be
 Called.


 nounced late tonight that Dr. Allan McLane Hamilton. alieuisS. will be called to testify tomorrow before the lunacy commission which is to de- termine whether Harry K. Thaw is mentally competent to understand the nature of the proceedings in his trial for the killing of Stanford White and to rationally advise his counsel.
 Dr. Hamilton, 1t was stated, will ap- pear as witness at the re1rost of the commission, and will be the only tx- pert examined.
 The declaration that pr. Hamilton would be called, was 8 surprise. as 1t the commission would not hear any expert testimony as to the defendants condition of mind.
 Dr. Leopold Putzel. one of the com missioners, 1t was expected, would bs relied upon to determine any medical points involved.
 It was Dr. Hamilton's testimony at the trial that precipitated the request by the District Attorney for iunacy commission. Original yretained by the defense, Dr. Hamilton examined Thaw and was expected to qualify as c wit ness for the defense. Later, however. the connection with the defense was severed and he was subpoenaed as witness for the State. He was not call ed by the prosecution, but was eventu- ally summoned to the witness stand by the defense.
 Relieved Thaw Insane.
 Under examination at that time, he testified that Thaw was insane when he examined him in the Tombs last summer. and he believed him still in- sane. Replying to a question by Att torney Gleason, for the defense, Dr. Hamilton said he believed that the prisoner was unable to properly advise a. eel &0k at this point interrupted the witness and appealed 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 witneapss before the commits slqns but tlp fo kuufght fnere had al1S pearsd IIttie likelfhood that he would be successful This evening ik was stated the lunacy commission inform ed the District Attorney that 1t would require the presence of Dr. Hamilton tomorrow. It was also stated that Dr. Mcclure. the Tombs physician. and other officials at the Tombs will be called.
 The commission in lunacy. which is examining the present mental condi- tion of Harry K, Thaw may finish it's work tomorrow. and report to Justice Fitzgerald Monday.
 
 Monday morning and 1t is the hope of the presiding judge as we'll as the com mission that the matter of the defend ants sanity may be disposed of by that time.
 If the commission should report that Thaw understands the nature of the proceedIngs against him and has rationally advised with his counsel. Justice FitzgeraI1s will simply direct that the trial proceed without making public the commissions findings. If the report should be against Thaw, Justice Fitzgerald will announce the decision from the bench and if he deems the prisoners release dangerous to the public peace and safety he will issue an order directing his confine- nent in, some State hospital for the in- sane.
 Today being Good Friday there were no sessions of the lunacy board and Thaw spent a quiet day in the Tombs preparing for a renewal of his mental test tomorrow. The session of the commission will be private again and there will be no public hearings unless the commission decides to call other witnesses than the defendant. It was reported today to be extremely unlike ly that any witnesses will be exam ined.
 May Call TOmbs OmciaIs.
 There is just possibility that sev- eral of the door keepeRs in the Tombs may be called to give a lay opinion as to Thaw's conduct since his incarcera- tion.
 The District Attorney. it was said might make one more effort to Intro duce testimony before the comm Ission but If the board holds to the narrow limits laid down yesterday, Mir. Je- rome seems doomed to disappointment The commission yesterday indicated 1t had arrived at the conclusion that it could decide from an examination of Thaw the simple question placed be- fore them by Justice Fitzgerald. It was reported again today that neither Thaw's own lawyers nor District Att torney Jerome would be allowed to question Thaw or any other witness who may be called zt the inquiry. The commission apparently has also dectd- cd to keep its records clear of expert testimony.
 Chairman Mcclure practically told the District Attorney Thursday that the question as to whether Thaw is capable of appreciating the court pro- ceedings and of raticnAlly advising his counsel ia subject wholly to a lay opin- ion. Any medical opinion which the commission may desire will come from Dr. Leopold putzel, one of its mem berB.
 Thaw's Attorneys SRnEulne.
 Thaw's attorneys are 50 sanguine as to the outcome of the lunacy inquiry that they were today making plans for the resumption of the trial next week. It seems now that if the trial is taken up again the defense probably win an nounce that 1t rests without further testimony. pr McLane Hamilton, the alienist who examined Thaw last June and July. was on the stand when the trial was interrupted. There Is little likelihood that Dr. Hamilton will be recalled. If Thaw is declared of sound mind today and the triei is resumed, 1t should not last more than three or four days. The attorneys, fin their sum ming up addresses, will not be allowed to refer in any way to the lunacy com mission, for its proceedings are not a part of the record.
 While the trial was in progress all of the alienists who had examined Thaw and who were called to the stand paid tribute to the prisoners remark able memory. It was this memory, 1t