New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-31

one under consideration. in which the defend
ants lawyer put in a defence of insanity
how to proceed AS II stands am not
aware what is your hOnors' will
Chairman Mcclure replied: I'VE have been
at great pains to explain to you that ii is your
duty 10 produce witnesses to determine the
mental condition of this defendant. What 1t
Is now not what it was a year ago, nor what
~ NAV he in the years to come but to see il
his mental condition is such that at present he
Is competent to consult with counsel for his de-
fence"
PLEADS TO CALL EXPERTS.
Mr.. Jerome pleaded: This trial is costing the
county $500 a day for expert testimony. do
not know what to do What you have just said
does not inform me If you will hear expert tes-
timony 1 wish to present certain facts, and
when those facts are before this commission I
have seven eminent men who will swear that
this defendant is incapable Of consulting with
his counsel"
Then why don't you present the facts?" asked
Mr.. Mcclure. CURLY.
How can ~ was the heated retort. How
can the aHensts for the state decide as TO this
defendants mental condition? They have had
no opportunity TO examine him. They were not
permitted 10 be present in court while this de-
PENDANT subjected himself to an examination
III am permitted Will show this man to be alb
solutely incapable OF consulting with counsel
for your consideration, and yet OF the whole
stan of aliensts three of the most important
DR.. Pilgrim. DR.. Gregory and. best OF all. DR..
White-have not been asked to swear TO the de-
PENDANTS mental condition at the present time.
Every one OF their alienists has persiStently
avoided a declaration on his present state Of
mind whether he is sane or insane, and yet they
contend he was insane as far back last June
20. Their afiidavits are more remarkable from
what they did not say than what they said. I
can prove this man insane. l venture TO say
that VIII be able to convince your hOnOrs that
he Is insane and has been insane for long
time"
Chairman Mcclure interrupted to remind the
District Attorney that the commission was
bound. in a way. by the order OF the court and
the afldavits presented Herewith. He added
that the commission eager for any legal
enlightenment in the possession OF the prose-
cutor. The invitation for the District Attorney
10 present any further facts was then renewed
But l haven't any facts" he urged. My
alienists only give opinions on what has
been admitted in evidence on the trial and
on their observations of the prisoner But YOU
have closed the doors to the introduction here
OF the letters admittedly written by this de-
PENDANT. They would help establish certain
necessary facts"
Commissioner Olney interrupted 10 say: They
are not IN evidence, Mr.. Jerome. and you know
full we'll they are not legal evidence"
Mr. Jerome lost his composure at this remark
and heatediy replied: "Thev are evjdence %
the very strongest sort. and knows II
better than l."
The commission finally agreed that the alien
ISIS could testify as to the facts heard in court
their observations In court and the writings OF
the defendant. II was sweeping victory for
Mr.. Jerome and he appeared much pleased
There are seven alienists On each side, all OF
whom will probably be called DR.. Hamilton
will undoubtedly testify also. so that there will
probably be many days OF technical questions
and replies.