The San Francisco call., 1907-03-31
JEROME GAINS POINT

was waived by the defense in the Thaw
case when DR.. Hamilton was offered as
a witness 1y the defense's attorneys
during the last days of the trial The
commission decided il should be its own
guide as TO allowing DIR. Hamilton to
testify.
Jerome was allowed TO put this ques-
ton:
Doctor. are you able to state now
-your opinion as TO whether or not this
defendant is capable Of rlghufully un-
iderstanding his own condition, or Of
comprehenGing the nature of the pro-
,ceedings against him and OF nationally
advising his counsel?"
Hartridge objected.
Chairman Mcclure asked DR.. Hamil-
ton il such opinion would be based on
his professional relations with the de-
fendant
Partly So" said the witness.
Exclude what you learned in your
professional capacity and then answer
the question" said Jerome.
DIT. Hamilton said he could not
wholly exclude all the facts learned in
his professional capacity
That being the case" said Chairman
Mcclure. "and no professional privilege
having been waived before this COM
mission, the witness cannot answer"
TELLS or THAw,s CONDUCT
Dr. Hamilton thereupon was excused
and Dr jackson R. Campbell was called
10 the stand. DR. Campbell said he had
been. employed last Wednesday by
Thaw's counsel to examine Thaw, and
that he saw him in the Tombs last
Thursday and Friday Dr. Campbell
was asked by the chairman TO confne
his testimony 10 the time previous TO
his employment by Thaw's counsel The
witness said that he still acted as
Tombs physician when DIT. Mcclure, the
regular physician, was III. He had seen
Thaw many times since his incarcera-
tfon.
Were his acts rational or IRA
tional?" asked Chairman Mcclure.
Rational" replied the witness.
DR. Campbell said he had noticed
nothing unusual in Thaw's conduct;
that he had watched over htm for an
hour on one occasion, and thar during
that time ThaW swung his arms in
exercise several times. In reply to
q question by Hartridge DR.. Camp
bell said he had not exactly been
employed by the defense to visit Thaw.
but that he had been requested TO
visit the prisoner after a casual meet
ing with Attorney O'Reily. He also
had been requested to set from DR..
Mcguire any notes the Tombs physi-
clan may have made as TO Thaw's con-
duct while in prison.
Dr. Campbell was examined closely
by Jerome as TO the nature Of his
employment by O'Reilly. DR.. Campbell
said that he was TO receive remunera-
ton for testifying and visiting the
prisoner. The commission wanted TO
know where DR.. MCGUIRE was
"The last we saw OF him he was in
the District Attorneys Office" said
OReilly and Hartridge in unison.
A messenger was sent for DR.. Nc
Gyire.
where did you make this arrange
ment?" asked Jerome of Dr. Campbell.
In the Colonial Hotel. Harlem"
What time was it?"
About 1880 o'clock on Thursday
morning"
was il in the barroom?"
NO; all barrooms close at 1 o'clock ~
The reply caused general laughter
in the, courtroom.
Following DR.. Campbell. the com
T mission called the prison guard,
{ George Spellman.
SAWS THAW SEEMED SANE
spellman had personal custody of
Thaw for the last six weeks Asked
by Mcclure IL he had noticed any
thing unusual in Thaw's conduct
Spellman replied in the negative.
Are you an expert in paranoia2"
asked Jerome
No" said the witness.
Spellman was excused, and John
Jones. a prison keeper in the Tombs
was called. He said that he had
seen Thaw on an average OF four
times a day: had often talked with
him on the topics of the day and had
never noticed anything peculiar about
him.
Jones said Thaw always talked in
a normal way. Thaw often comment
ed upon the quality of the food and
various topics about prison life.
jerome asked IL he had ever heard
Thaw say his food was poisoned.
No. sir. ] did not" replied the wit
ness. who was then excused.
John A. Brunges, another prison
keeper, was called. He declared he
had never seen anything peculiar about
Thaw except a glare in his eyes His
eyes did not seem TO glare so much
after September.
EYES HAD HAUNTED LOOK
On cross examination by District At
torDey jerome Brunges declared that