Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-21

NEW YORK, March 2I.-The
seven alienists employed by District
Attorney Jerome in the Thaw case
today signed affidavits for presenta-
ton to Judge Fitzgerald in the ar
gument this afternoon for the ap-
pointment OF a commission in lu-
macy to examine Thaw. Six OF the
alienists in their afidavits declared
that Thaw was suffering from
form OF paranoia; that he should
not be discharged from custody;
that If he should be discharged he
would be dangerous to public peace
and safety, and that it is reasonably
certain that he will not recover. The
seventh alienst, DR.. Hirsch, agrees
with his colleagues, except that he
declared that Thaw cannot possibly
recover. The document includes also
an affidavit by Irving S. Cobb, re-
porter, describing a note given to
him few weeks ago by Thaw, in
which Thaw commented upon his
wlte's testimony and upon the con-
duct OF the prosecution. The aft
davlts are signed by Drs. Flint, Ma
hon, Macdonald, Pritchard, Ferris,
Hlrsch and Diefendorf.
NEW YORK, March 21.-That Justice
Fitzgerald will appoint a commission In
lunacy to inquire into the present mental
condition of Harry Thaw seems foregone
conclusion. This afternoon he will hear
arguments of counsel on both sides of the
famous case. and he plainly intimated yes
terday that he would appoint commission.
That this commission will find that Thaw
is now insane is the opinion of most of
those who have closely followed the trial
DR.. Allan McLane Hamilton has openly
expressed the opinion that Thaw is now in
sane, and that he is incapable of conducting
his own defense. DR.. Carlos Macdonald
and DIR. Austin Flint have expressed the
same opinion, and affidavts are expected
who are familiar with the history Of the
Thaw case and with the insanity which is
said to have been present in both sides of
his ancestry, and who have told District
Attorney Jerome of the faint existing in
the blood of his fathers as we'll as his
mothers side.
Came Like Bomb.
The appearance of DIR. Hamilton in the
case yesterday and District Attorney Je-
rome's appeal to the conscience of the
court" came like a bombshell. 1t was ex-
pected that the testimony would be fin
ished yesterday and that this morning the
summing up would begin.
But when Mr. Delmas called Dr. Hamilton
TO the stand the end was in sight It was
known that the doctor believed Thaw to
be still insane. and neither side was anx-
ious to call him. The defense apparently
did not want him because Of his belief In
Ihaws present insanity. the prosecution
could not call him because his relation to
Thaw was that Of physician to patient, and
he could not be compelled to testify with
out a specific waiver of the privilege Great
ed by these relations For days DR.. Hamil-
ton has been in the court room under SUBJ
poena from both sides, but no one expected
he would be called until Mr.. Delmas actual
ly spoke his name. His production was a
daring move on the part of the defense, but
it was fated from the first to be disastrous
If Harry Kendall Thaw goes to the hos
pital for the criminal insane at Matteawan,
1t will be this move more than anything
else that sends him there
Will Make a Hard Fight.
That the attorneys for the defense will
make a hard fight to prevent the judge
from appointing the commission when court