New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-31
THAW'S ORDEAL ENDED.
JEROME CROsS-E1AMINES.
Commission Decides to Hear Testi-
pOny of 4Alienists.

trying to md out whether Harry X. fhaw -
sane enough to understand the gravity Or bis
crime and to advise with counsel makes some
different rulings on Tuesday. when the next ses-
eions will be held. there is every probability that
Ihaw viii not know his fate for many weeks %
come Reversing its previous decision. thu COM
mission yesterday decided that it would hear the
testimony OF alienists as to certain facts. thus
making it likely that the case. which has al
ready been in progress nearly ten weeks. win
continue for long time to come
Since the first hearing Of the commission tho
District Attorney has had much trouble IN get
ting evidence on the record to prove his contsn-
ton that Thaw is insane. He has fought tor
the admission OF expert testimony, but has been
consistently Overruled. Even yesterday morn
ing the commission decided that alienists should
not testify to anything prior 20 the present.
time. But at an open hearing IN the afternoon
this decision was reversed. and the Outcome Is
that the District Attorney may call his allen
lists and they may testify as to what they have
decided as to the DEFENDANTS sanity. relying
solely on their observations during the trial.
the writings Of Thaw and the testimony they
have heard The defence win also call its er-
perts.
Thaw was under examination FOR over three
hours yesterday. Of which nearly an hour vas
taken by Mr.. Jerome IN cross-examiuatiou Hs
was said to have answered questions without
hesitation. and 10 have confirmed the good I'M
preston he made the members Of the COM
mission Thursday. In his cross-examInation
it is understood that the District AttoFney asked
him as to any delusIons he might have had at
the time OF the shooting He also asked. did
you not have deIusiOn Of a conspiracy between
counsel and the District Attorney that you were
going to be ratroaded to an insane asylum
but objection was made and the question ruled
out
NOT EXAMINED ABOUT KILLING.
During the general examination Of the de-
fendant. all OF which in executive session.
the commissioners asked him about the letters
which he had written to Dolphin n. Delmas and
which were included in the afidavits fled last
Saturday. They also examined him about a
number Of other letters and notes sent to cOun-
sci. The commission. however, excluded an
questions which touched on the actual killing
OF Stanford White and the letters which Thaw
wrote to ]. Denniston Lyon. Of Pittsburg, which
the prosecution contends show signs Of paranOia.
The new letters which counsel for the defence
introduced. and on which Thaw was examined
pertained principally, 1t is understood. to tho
calling Of certain witnesses during the trial
Later in the day Mr.. DeInas when on the Wit
ness stand. explained these letters to a certain
extent by saying that many of them contained
the ideas OF layman. which a lawyer would
take exception TO.
Much Of ;he time Of the secret session. It Is
understood. taken uD with arguhent be-
tween counsel. Mr.. Jerome endeavorius to have
certain testimony introduced and Mr.. Hartridse
successfully ehjecting.
The afternoon session OF the commission had
lasted about an hour when word was sent QUE
that Thaw's examination was ended and that
ffaT TE0 and
the courtroom was quickly comfortably filed.
DR.. Allan McLane Hamilton was the first wit
ness called Thaw sat within the railing. sur
rounded by his counsel. and was seemingly per-
fectly satisfied with the result OF the ordeal hs
had passed through. DR.. Hamilton said he had
made a speciality Of mental diseases for many
years. He had known Thaw, he said. for two
or three years.
PROFESSIONAL PRIVILEGE QUESTION.
Have you talked with him at any time IN
that perOd?'' asked Mr.. Jerome
There vas instant objection from Mr.. HART
ridge, and Chairman Mcclure said the commits
sion. did not wish to go back so far and Dr.
Hamilton then said he wished to raise ths
question OF professional privilege.
Il must confess" Mr.. Jerome replied. "that,
I DONE know where I am under the rulings oE
the commission. want to prove this defendants
d., SO. If you want me TO have the burden OF
proof I viii take II and call my own witnesses
To prove NY contention. Your hOnOrs know,
that the professional privilege can be waived.
and I say that If it is once waived Il Is always
waived
I'VE want you to bring out the defsndants
condition" said the chairman. without oHend-
ing the witnesses regard for his professional OBJ
legations. We want witnesses produced hero
who can give information OF the mental con-.
dition Of Thaw at this time"
Turning to Dr. Hamilton NTr McClurs added:
eff you occupied q professional position toward
the defendant you are privileged by law from
testifying."
"Are you gentlemen going 70 rule on this
question OF privilege without hearing nser
asked the District Attorney. Il should Ike TO;
bring in authorities on the question. and that
the professional obligation once waived Is al
ways waived thereafter"
JEROME CHECKED.
Mr. Jerome was then allowed to proceed "a
his examination leaving out any references 20
Dr. Hamilton's professional services. and asking
him only questions on which he could answer
without such waiver. DR.. Hamilton said he
had been an alienist for thirty-seven years.
MIR. Jerome then asked; "In your opinion what
do you believe to be the present mental cOnai-
tion OF the defendant
This brought an objection from Mr HART
ridge, and the question was withdrawn. Mr.
jerome asked: Excluding a. 4eDIies that might
tend 90 include your professional capacity and
separating that part from your other Obs6rva-
tions what do you believe the defendants pres
ent mental condition 20 be?"
Again there was an objection and Chairman
Mcclure. in apparent SUNRISE asked. ssTl0 v,-,