The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-03-21
and after he had finished Justice Fitz-

and after he had finished Justice Fitz
gerald said;
Jerome Is Sustained.
''This is not a matter of discretion
On the record in this case / must rule
according to the law. Tho objection
is sustained
Mr., Delmas offered to state what he
intended to prove by DR.. Hamilton.
Mr.. Jerome again objected, but Jus
ticc Fitzgerald instructed Mr.. Delmas
that he might state in general what he
wished to prove, but he might not go
into facts.
''Now. your Honor said Mr.. Del
81 have already said, interrupted
Mr.. Fitzgerald, ''that / have absolute
lv no discretion upon the record OF this
case. l must rule according to the
law
Mr.. Delmas said that ms Justice Fitz-
gerald had ruled on only one question
put to the witness, he would proceed to
ask others, and did so.
How many visits did YOU make to the
defendant" asked Mr.. Delmas.
Or. Hamilton said he had visited Thaw
four times, on June 27 and 2s and July
and 5.
''As a result of these visits were you
of the opinion that Thaw at that time
was lnsaneE
talned.
Mr. Delmas then asked.
Did you form any opinion, doctor?"
YES" replied Dr. Hamilton.
"Stare what that opinion was"
Mr. Jerome's objection was sustained:
Justice Fitzgerald said II he allowed
Dr. Hamilton to testify at this stage
OF the case 1t might entail tho eNamina-
tion of all the experts for a month TO
come.
i,o,,,
recess for consultation OF counsel. This
was allowed.
DR.. Hamilton resumed the stand after
the recess and Mr., DeImas asked and
received permission to read to Dr. Ham
iiton the indictment against Thaw. II
was read in an undertone,
I'm view Of The knowledge you acquired
10 the mental condition Of Thaw
from the four visits you made TO him,
did he know that the act set forth in
the Indictment was wrong
Mr.. Jeromes objection was sustained
Mr.. Delmas repeated the question In
various forms. he was met each Time
Jerome. which Justice Fitzgerald invav"
iably sustained.
Willing to Accept All.
He then announced that as the result
of the consultation of counsel he was
ready To accept Mr.. Jerome's offer for
Or, Hamilton to tell all he knew about
the case OF Harry ThaWs
If counsel wishes to conduct a fun
inquiry including the Hypothetical ques-
tion Of the District Attorney, will not
offer objection" said Mr.. jerome.
Mr. Delmas then said.
Now doctor, state all the facts that
YOU learned or observed during your four
visits to the defendant"
To this MIR Jerome said
Include all you learned as to the fam
ily history on both sides while you were
in the case"
Attorney Jerome had repeatedly stated
in court that ii he were honestly con-
v!nced that Thaw was insane when he
killed White he would not take up the
time OF the court In trying him. we
propose now by your own witness said
Mr.. Delmas. ito honestly convince You
that Thaw was insane"
At this point Justice Fitzgerald said
he thought the jury should retire.
They did so and Mr.. Jerome began an
impassioned address TO the court in an
draw his objections and allow DR., Ham
ilton TO testify was based on.
Your honor knows" continued Dis
trict Attorney Jerome. what my posi-
tion has been all along. We have no
right to be here trying this man II the
real facts are known. Your honor knows
opened TO bring out these facts and that
l have not been able to do. so,
"1f the real facts as to the mental
condition Of this defendant can be
and horriGed and would stop this trial
instanter SO deeply have l been i'm
pressed with all this that l have served
notice upon the attorney Of record that
when this case is over, IL l am convinced
that they possess the facts that / be-
lleve they possess, / will lay the matter
before the appellate division OF the Su-
preme court
Trying an Insane Man.
There is not a man who has seen this
defendant sitting there al the table who
believes ne is capable of advising coun-
sci, We are today trying a man who
is insane. while under the law he is
sane. He is paranoic. and while he is
The law, for, strictly speaking, he knows
the nature and quality Of his acts.
"a man named Taylor went TO death
under exactly similar circumstances,
The Appellate court said that he was In
sane. bur he was a paranorc. and while
his act was committed as the result of
would have made his act justifiable had
IL been true. II was one Of the most
gruesome acts that has ever been done.
"In five minutes time" continued Mr..
Jerome, II can show that this man is
incapable Of advising his counsel as ne
sits here In court Will present facts
which will prevent this trial from going
further"
I'm view OF the statement made by the
District Attorney, said Justice Fitz-.
s ri n9w ask that ss be gyen
either counsel-with the evidence as 10
the defendants present state OF mind
which can be presented TO the court.
do this before instituting the proceed
ines ] understand have been asked for"
Mr., Delmas wanted to know II a COM
mission In lunacy was under discussion.
THE court, replied Justice Fitzger-
aid, IFS asked TO hear testimony while
the jury is out OF the room and then TO
determine its course
Jerome Admits Thaw's Insanity.
"All Of my experts. DR.. Bingaman. the
family physician. and DR. Deemar, the
physician To the Copley family, have In
formed me-" said District Attorney Je-
rome. that this man Is suffering from
paranola. This paranoia is characterized
by systematized delusions. While suffer
ing from one of these insane delusions
this man shot and killed Stanford
White"
did your own experts tell YOU ,hat?"
inquired Justice Fitzgerald of District
Attorney Jerome.
They certainly did. replied Mr.. Je-
rome. but from the record of the case
] prevented from bringing this out.
! was bound down 10 n Hypothetical