Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1907-03-21
JURY is EXCUSED
AWAITING SETTLEMENT
Matter Was Brought to Issue
Upon Jerome's Objections
to Admission Of Alien
ISIS Testimony

| New York. March 2o-AttorneA
Delmas called DR.. Allan McLane Ham.
llton as the first witness in the Thaw
trial today. Jerome objected to Ham
ilton's testifying at this stage Of the
case and proceeded to argue the point,
when Delmas accused the district at
torney OF trying to shut out the truth.
Jerome withdrew his objection. say
ing he was ready to reopen the entire
Thaw case so that all truth might 70
! in.
jerome wanted Delmas to stipulate
that the cross examination Of Hamil.
ton should not be limited to rebuttal
testimony. When Delmas refused. Je-
rome renewed his objection to Hamil.
4 tons testifying and the argument pro
ceeded.
Justice Fitzgerald sustained Je-
rome's objection to Hamilton's testi-
mony.
Before calling Hamilton, Delmas
Withdrew letter which he wanted
put In evidence yesterday and which
was written by Thaw to Banker Lyon
of Pittsburg.
Hamilton was permitted to answer
few questions put by Delmas. He
said he had visited Thaw on June ~.
and g. and July and 8, and that he
had formed an opinion as to Thaw,s
insanity but the witness was not al.
lowed to say what that opinion was.
Delmas' request for short recess for
consultation of counsel was then
granted
Jury Taken From Room.
At the conclusion of the consultation
Delmas announced he was ready to &C.
cept Jercme's offer to tell all he knew
about the Thaw case. Justice Fitz
gerald ordered the jury to withdraw
while the counsel continued to discuss
the stipulations under which Hamilton
might possibly testify.
jerome Threatens.
In addressing the court District At
torney jerome declared If he could le-
gally present to the court all the facts
he possessed it would be shocked and
Mortified.
I'VE have no right to be trying this
defendant in court law" he said. $50
bitterly do l feel about this that have
served notice on counsel If they have
knowledge of the facts believe to be
in their possession, / will call the mat
ter to the attention of the appellate d.
vision of the supreme court"
Justice Fitzgerald said he would In
! stitute inquiry before himself, not be-
fore the jury, as to the present mental
1 state Of the defendant
Jerome said he would lay before
Fitzgerald all the information he had
and which he believed would result In
a halt in the trial Jerome told the
justice his own experience with ex-
/ perts had informed him Thaw is q
| paranoiac
Jerome Wants Commission.
Jerome said the states expert while
4 saying Thaw knew the nature and
quality of his act, thought he was un-
able to advise his counsel as to the
conduct of the case and when pris-
4 oner was In that condition the court
should not proceed farther
\ Delmas asked if Jerome intended his
! application to be for commission In
/ lunacy.
I so understand it, said Justice
Fitzgerald.
Jerome said: Il make no applica.
ton. / say to the court that I can
prove the defendant is incapable Of di.
recting his defense and I leave the
matter with the conscience Of the
court"
DR.. Hamilton said he believed Thaw
was incapable Of instructing his coun.
sci. The case adjourned until Friday
morning when Justice Fitzgerald will
determine the matter of commits
sion.
| The jury was excused until Friday
morning but Fitzgerald will hold :our
tomorrow afternoon to hear testimo1
regarding the application for lun
commission. --s -