Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-03-21
Declare IL He Should be Dis.
charged Would be Dangerous
TO Public Peace and Safety.
DON'T THINK HE CAN RECOVER
Gleason OF ThaW's Counsel Says
II Commission is Appointed DEL
mas will be Responsible.
Latter Willingly Assumes RcsponsibIi+
ity, Saying sSe Can Convince Court
Defendant is not Now Insane.

New York. March 21,--Thc seven
aliemists employed By Dist Airy. Jt.
rome IN the Thaw case today signed
atildavits FOE presentation to Judga
Fitzgerald IN the argument this aftert
noon for the appointment; OF "a cSnlmis.
sion IN lnnacy 10 examine Tbaw. SiS
elienisis IN their alfldayiSs declared
that Thaw was suffering from a form,
Of paTanoia- that he should not be dis
charged from custody, shat If he should
be discharged he would be dangerous
to public peace and safety The seventh
altentss. DIT, Hfrscb, agreed with his
colleagues, except that he declared that
Thaw cannot possibly recover while
the Others thought II reasonably GER
tain that he will not reCoVer
The document Includes also an ntfda-
Wit by Irving ). Cobb, reporter. describe
Ing a nete given to him a few weeks
ago hy Thaw IN which I'haw COMMENT
ed upon his wife's testimony anG upon
the conduct OF the prosecution The
attidavits are signed by lJss. Flint MAJ
bon, Mcdonald, Pritcnnrd Ferris
HlrSch aud Diefiendorr
DIR. sIACDoNALD's AFFIDAVIT.
DR. Macdonald in his affidavit, de-
elares:
After prtosul examination OF the ex-
hiblis and the hypothetical question
and the testimony and atlldavits OF Mr..
Cobb ANA assuming evidence stated ia
the case to be true, my personal ohserv-
atIon In court during the trial and nay
observations OF The defendant made In
the library OF the district attorneys o.
fee on Jam % 1906, ! ara % the opinion
that the defendant is uOw and for some
Time past has BEEN suffering frenl a
form Of mhntna disease known as para
nOia. Yet II Is my opinion that when
the defendant killed STANFORD WAIle he
WAS then suffering from said MENTAL
disease, commonly known ais parHuOia
pMt that his then mental state WAS
such that he knew the nature slnd
/ quality OK che act and that ii was
! wrong, namely, that he then and there
| knew that he was discllarsln ms into tho
body of Stanford White, a loaded re-
volyer, that IL was Stanford white into
whose body he was discharging a load
ca revolver and that he then and there
kno7v that such discharge was likely 10
produce death and that hC then and
there know such act on his part WAS
against the current morality OF the
People OF this state and In violation OF
tho law.
Il am OF the opinion upon the facts
above enumerated that the mental dis
ease commonly known as pQranoia
from which the defendant was suffer-
ing upon the night Of June 49, 1906. Is q
form Of mental disease from which II
Is reasonably certain he Will not recov-
er and that the discharge OF the said
Harry * Thaw would be dangerous to
public peace and safety and that he
should be committed to an institution
for the insane L am further of the
fhsa NJ "a STA fs1
that the said Harry X, Thaw is now
and Tor some Iinle past has been IN
such a state or lunacy or insanity as
to be incapable of unders landing the
proceedings against him or making his
defense"
Exhibit "A. to which DR.. Mcdonald al
luded, liz the district attorneys hypo-
thetical qucs ton,
John 3. Gleason OF counsel for Thaw
said today that Nh l9elnlas Is rcspon-
sibl0 II a commission Is appointed as
1t was he who called DR.. Allan Me-
Lane Hamilton 10 the stand, and TODD
Mr. Jerome to 80 ahearc and ask this
witness anything he wished to-"
Mr., Delmas said he would gladly as
sumo all responsibility. Daniel o Reilly
of Thaw's eou pReI, said today that
Thaws counsel had no doubt OF being
able To convince the court or an lnsas
lty commission OF Thasys 50 aity. He
said thar each one OF the counsel would
submit an atiiuavit to the effect the
I,law had been during the trial and -
now capable OF advising wlth Isis sttol
ncys,
Harry *. Thuw had a conference IN
tho Tonbs prison today with \. r.
Peabody of his counsel over the gues-
tIon whether Thaw should be permitted
to hear the argument over the appoint
ment OF a lunaoy commission 10 lnyes-
tigate his mental condition. Th0w
wanted his counsel TO assure hlnl that
he would be allowed 10 attend ths henr-
ing IN court This afternoon, but MIR.
Peabody did not promise hin- ihe de-
sired permission
TbGw's counsel were said 10 We NJ Tho
opinion that he cuEht not To near the
arguments-
Thaw's wife ana his sister, the Count
ess OF Yarmouth, also visited him today
and remained wlth him for about am
hnuI-
Justice Fitzgerald took the bench nj
2.06 p, m, today 10 hear ulIdaYis re-
gardinE rhlW lunucy commission