The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-21

| trict attorney having suggested that il
| the real facts were known he would
| have no right to be trying Harry Thaw
for his life, he was prepared to hear
what either side had to offer.
Have you aff1davits or testimony
Mr.. District Attorney" asked JUS
tice Fitzgerald.
Both" replied Jerome.
Mr.. Delmas arose and said he had
not been served with copies of the af-
fdavits prepared under the direction
OF the district attorney until 1918 p.
m. today. In a matter of such impor-
lance he thought the defense should
have more time to prepare its answer.
Jerome said he had served the
copies of the affidavits on counsel at
the earliest moment he possibly could.
Harry Thaw was not allowed to
come into court during today's pro-
ceedings
Jerome said he would have to ask
that DR.. Allan McLane Hamilton be
orally examined, as the defense might
desire to plead professional privilege
in bar of his testimony, DIR. Hamilton
having visited Thaw after the tragedy
at the behest of his then counsel.
Justice Fitzgerald said he would re-
ceive the affidavits the district attorney
had prepared. These included the affI-
davit of Irwin S. Cobb the newspaper
man Thaw selected to give out his
statement concerning the prosecution
backed by black legs" at the conclus-
Mr.. Jerome and the affidavits of the
alienists who testified for the state.
Among those expressing the opinion
that Thaw is now and has for long
time been suffering from paranoia are
Doctors Austin Flint, Carlos MacDon-
aid, William Mabon. A. R. Deiffendorf.
Warren Ferris. William Hirsch and
William B. Pritchard.
Jerome Explains.
After presenting his affidavits, Mr..
Jerome said he wished to make his
statement of his position in order to
clear himself of any suspicion that he
has been in possession of knowledge
which had been withheld from the
court.
Your honor may have gathered from
my remarks of yesterday" said Jerome.
that it was my personal opinion that
Thaw is and has for some time been of
unsound mind"
Il did so gather" interrupted the
judge.
1T has long been my personal opin-
of unsound mind. But the court did
not want my personal opinion. The
court had to have something tangible
before it could act. Likewise l was
1 had something to act upon That
opportunity was not presented until
the defense called DR.. Hamilton to the
stand. He is the one man who has
the information which is of the utmost
Importance in determining the course
of this proceeding.
LAS long ago as February 8 last DR..
Austin Flint, one of the states alien
lists, came to my office and told me
that after watching Thaw in court
every day Of the trial he was solemnly
of the opinion that the defendant was
not capable of instructing his counsel.
was much concerned, and with my
assistant and Doctors Mcdonald and
-, l., IL N.wl-5
the aHenists, who were of one accord.
that they must hold their minds open"
Thaw's counsel objected to a further
examination of DR.. Hamilton by Mr.
Jerome and Justice Fitzgerald declin-
ed to allow the examination.
The hearing was adjourned until to-
morrow morning when the jury will
again be excused until Monday. Justice
Fitzgerald allowed both sides until
afternoon to present addition
al affdavits.
Delmas Retires.
New York, March 21.-That JUS
lice Fitzgerald will appoint commits
sion in lunacy to inquire into the pres
Thaw seems a foregone conclusion. He
will hear argument of counsel on both
sides of the famous case and he plain
" intimated yesterday that he would
appoint a commission That this com
mission will find that Thaw is now IN
sane is the opinion of most of those
who have closely followed the trial.
That the attorneys for the defense
will make a hard fight to prevent the
Judge from appointing the commission
8 probable. From the first the fight
had been to secure an acQufttal and 1t
IS not probable that it will be given up
so long as there is the slightest chance
hat it may be successful. On the
1ther hand, Mr.. Jerome is convinced
hat Thaw is now insane and he will |
light as hard for the appointment of
ng informal, the rules of law and evil |
ience will not be enforced, and either
side may place before the court any |
evidence that it desires to show the
mental condition OF the defendant- me
Jury will not be present and the sole
object of the proceedings is that the |
udge may be Informed of all the facts
n the case, and on them decide Wheth-
ar or not he will stop the trial until a |
egal commission has decided whether
Thaw is in such a condition as to per-
nit his case going to the jury.
The law of New York state spec1- |
les that the only insanity that can eX- |
use a crime is a mental arrangement |
which makes the person charged with |
crime incapable of knowing the ma
ure or quality of his act when it is |
ommitted. and incapable of knowing
hat it is wrong.
This law, which is founded on an
Id English decision. is far behind the /
ines. according to alienists- Many
nan, they say, has an overpowering
impulse to commit a crime, an impulse
yEich he is unable to conquer. and |
which forces him to commit the crime.
,ut If his mental state is such that he
ealizes that he is doing wrong the
aw does not take into account the
insane impulse which he is unable to
vercome.
An example of this was the case of
'aylor, which was cited by District
.ttorney Jerome in his argument yes
erday. Taylor was a paranoiac and
ommitted murder while suffering
rom delusion. 1t was admitted that
e was insane but the alienists would
ot swear that his insanity was of
uch a character that he did not know
hat his act was wrong The appellate
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