The advocate. [volume] (Charleston, W. Va.) 1901-1913, 1907-04-04
EXPERT \ TESTIMONY.
Heard byThaw Lupaey
Commission
DIR. AUSTIN FLINT

definitely stated tonight, after a ses-
sion which lasted from 1890 O'Clock
this morning until $50 p. m. that
the lunacy commission which Is In
curing into the present mental state
of Harry X Thaw, will conclude it's
labors tomorrows and will have re-
1 ported its conclusion to Justice Fitz-
gerald before the hour set for the
Thaw jury to report in court Thurs
day morning. There win be a brief
| public session OF the commission to.
morrow to hear3the final witness
an alienist-offered by district at
torney Jerome and then will follow
a private mental and physical exam
nation Of the defendant. 1t was
stated tonight that only the members
of the commission and official stem
ographer would be present at Thaw's
last ordeal, both, the attorneys for
the defense and district attorney be-
ing barred. ~ '
The announcement that the COM
mission desired to renew its private
examination of Thaw came at the
end Of a day OF many witnesses and
was In the nature Of complete sur
prlse. The decision probably was
due to the conflicting character of
the testimony heard today. 1t was
another battle OF .alienists with those
engaged by the district attorney de-
claring Thaw tosbe absolutely inca
pable Of understanding his own con-
dition, of realizing the nature of the
charge against him or of nationally
comforting with counsel, while hose
engaged by the defense declared that
Thaw throughout. the trial acted rat
ionaliy, had nationally advised coun-
sci in their hearing and fully under
stood and APPRECIATED everything
connected with His case and trial.
The experts for the prosecution
admitted they reached their conclu-
sions as to Thaw's present state Of
mental unsoundness from distant
observations Of him in the court
room and from writings alleged to
have emanated from him during the
trial Among the latter was "a
pages Of newspanet' clippings and
gestions to his cRfef attorney, Del
After the experts had finished,
attorney Delmas Himself took the
stand. and declared, that many or
Thaw's suggestions. were most valu-
able and that he Intended to incor-
porate some Of the suggestions In his
summing up address,
The alienists for. the defense in
testifying, declared they had ad-
vantage Of constant" personal exami-
nations OF the defendant, while the
prosecutions witnesses had not.
The Tombs physician, two chap
lains of the city ..prison, several
guards and probation officer took
the stand and testified that Thaw in
prison acted and spoke like a rat
phin M. Delmas, for his summing
up address to the jury Jerome's
duced before the commission by the
defendants own counsel to prove his
sanity, were writings of an insane
man. The experts for the defense
declared there was absolutely moth
ing the writings upon which to pred
icate an opinion Of mental unsound-
ness.
| ional man. .--H---.-..- .--.---.-.---~
The commission decided today to
admit the much discussed testimony
of DR.. Allan McLane Hamilton, who
stated that he made four examina-
4 tons Of Harry Thaw, the last in
lJuly, 1906. He came to the conclu-
! sion at that time that Thaw was
suffering from chronic delusional
! insanity or pa! an0ia and still held to
| that belief.
! On cross examination Hamilton
admitted he had not examined the
defendant recently The defendant s
counsel fought against DR.. Hamil-
toms testimony to the very last.
Failing in the plea Of professional
privileges as bar, they argued that
his examinations OF the defendant
we're too remote to be Of any value
at this time. The commission de-
tcided to allow the testimony. The
members OF the commission cross
examined several Of the district at
torney's alienists at length, inquir-
Ing as to the consistency Of their
testimony now that Thaw is insane
and has been so for Several years,
rs against their testimony at the
trial when In answer to hypotheti-
cal question, they declared Thar
KNEW the nature and quality Of his
act when he shot and killed Stan
fora Wh)Ce and knew That the act
was wrong. Dr.. Austin Flint de-
clared that Thaw was insane from
the alienists point OF view when the
homicide occurred but was not in
sane in the language OF the law.
Jerome's experts, one after another
agreed that Thaw is q paranoiac and
that his case is incurable. Or.
Flint gave new touch to the form
Of insanity from which, it Is alleged
Thaw Is suffering, by declaring that
his former paranoiacal delusions Of
persecution are rapidly changing
into "delusions OF grandeur"
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