The Birmingham age-herald., 1907-03-31

of the trial have been good, have they not?" asked Mr. Hartrdge.
 His advice has not always been good" said MT. Delmas, and has not always been followed, but his reasons for the advice were excellent from a layman's point of view"
 Hartridge On.
 District Attorney Jerome declined to eross-examine MT. Delmas.
 MT. Hartrldge himself then took the stand. He did so voluntarily, the com mission saying it would not require any of the attorneys to give evidence. Mr. Hartridge said Thaw had taken a lively interest in the trial proceedings from the first, and had made valuable suggestions from time to time.
 MT. Jerome decided to cross-examine MT. Hartridge, and asked:.
 Did not this defendant repeatedly dur ing his trial ask permission and express the desire to his counsel to address the court, either orally or in writing?'
 q cannot say repeatedly" replied MT. Hartridge.
 Did he ever express these desires to address the court?'
 'I can't say that he did.
 Were you so informed by associate counsel?"
 Attorney Gleason objected to this and was sustained.
 District Attorney Jerome dropped his arms to his side and said:
 'I can do no more"
 After MT. Hartridge had testified, Chair man Mcclure said he did not think the remaining counsel need testify.
 Jerome's $500 Day Experts.
 Right here" interrupted District Att torney Jerome, q would like to be ad- UiSp1 c n what of pVidpnpn this commission desires from me. I must con fess l am all at sea. l have experts here who are costing me $500 day every day they are under subponae They are ready to testify before you"
 "We are here, MT. Jerome," said Chair man Mcclure, mot to decide the past or future condition of this defendant, but must confine ourselves to his present con- dition. As to the burden of proof it rests on you as you made the suggestion on record that the defendant was incapable of understanding the proceedings against him, or of advising with counsel"
 Will your honors advise,' asked Mr. Jerome of the commission, whether or not you will receive any expert testi- mony?"
 "We will hear expert testimony" re- not too remote"
 Jerome Talks.
 'I have in my possession,' replied MT. Jerome, "a group of facts on which seven scientific men will swear that this de- fendant is not now capable of under standing the nature of the proceedings against him. or of rationally advising his counsel. l can prove these facts on which they will base their opinion beyond shadow of doubt, most of them having come from the mouths of the defendants own witnesses.
 Your honor will observe that no af- fidavits as to Thaw's present sanity were filed in this case by Drs. White, Pilgrim and Gregory, the ablest of the alenists employed by the defense. All of the alienists placed on the stand carefully avoided testifying as to the condition of this defendant. The physicians who ex- amined Thaw in the Tombs have scrupu- lously kept away from him since last September or October. The last word we have from him at that time was that he was somewhat improved"
 Chairman Mcclure again interrupted Mr. Jerome by saying the commission would be glad to hear any experts who could testify to Thaw's present con- dition.
 Can Give Facts.
 But they cant testify as to facts" protested MT. Jerome But I can give them facts on which they VIII base an opinion You. gentlemen, will not illuml- nate your own intelligence by reading the papers on which l based my suggestion in the records as to Thaw's present con- dition. If you do that l could prove"
 Those affdavits you fled" said Chair man Mcclure, were solely to inform the court and it's conscience, and were not in- tended to establish actual facts But you will not even look at the let ters of this defendant, which were sent here from Pittsburg, and which are in the
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