Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1908-05-17
Jerome
Asks ThdW to Submit to Ex.
animation by His
AlieniStS
Which Is Declined With
Thanks Except Under
Conditions
Judge Will Probably Hand
Down Decision Mon.
day, May Is

3Ft AOo6AhCCPo1Sy ~. 4. way lO.--I1dI-
ny X. Thaw's plea for liberty from
the Matteawan asylum will probably
be decided by Judge Morschauser on
Monday, May 25. The hearing in
sthe habeas corpus proceedings
brought by counsel for Thaw ended
late tonight after District Attorney
Jerome had made a sensational re-
quest of Thaw, whom he had called
to the stand, to permit his alienists
to examine the Pittsburger and to
Judge of his mental condition, but
they had no opportunity to converse
with the defendant. Thaw was not
permitted to respond.
Both sides have agreed not to ar
que the case, but each will present
briefs on the question raised by Mr..
Thaw's counsel at the beginning of
the hearing to the effect that Thaw's
commitment to Matteawan was un-
constitutional.
At 1880 p. M, Mr.. Jerome called
to the stand Harry K. Thaw. The
young man walked briskly to the
witness chair. Mr.. Grahm objected
to the examination of Thaw tonight
it being apparent, he said, that it
could not be finished at this hearing.
Mrs Graham further objected, saying
it would put his client at great dis
advantage to have his case finished
while Mr.. Jerome had an an oppor-
tunity of Adjournment of several
days in which to prepare his experts
for further testimony
Mr.. jerome assured Mr.. Graham
that he would ask Thaw no questions
at this time calculated to aid his
experts. Thaw nodded to Graham as
if he were willing to proceed.
s'Mr. Thaw, do you understand the
precise nature of the proceedings
you have instituted" asked Mr.. Je-
rome.
Mr.. Grahm objected and informed
Mr.. Jerome that the proceedings had
been started by Mr.. Peabody as at
torney and next friend.
you understand the nature of the
proceedings, Mr.. Thaw, do you not?"
Thaw hesitated, then turning to
the Judge, he said: II am not law
yer.''
do you understand the purpose of
the proceedings? Is it an act in
habeas corpus? Do you understand
WHAT that ueauS E-..5 80
Thaw turned to Jerome, who said:
do you understand that they are
to give you certain rights?"
Thaw answered deliberately: "The
rights of an American citizen"
Don't you understand that they
are to give you the right to come
and go as you please?" asked Mr..
Jerome.
Thaw repeated: GAS an American
citizen" Then he asked: "Is it to
determine whether am sane?"
'You understand that the deter
mination of this question rests with
the judge?" Thaw: s'I do
"And you understand that the
Judge has no power to decide it ar
bitrarily but must be governed by
the weight of evidence?' Thaw:
Evidence taken here?''
Jerome: yes Thaw: 81 do"
Jerome: "You have heard DR..
Flint testify?" Thaw: eyes sir"
court must take into important con-
Thaw: 81 have known his son, but
not DR.. Flint until / saw him here"
Jerome: "You had heard of DR..
Macdonald as specialist expert in
mental Diseases" Thaw: 'No sir"
Jerome: Now, Mr.. Thaw, the
court must take into important con-
sideration, testimony governed by
the doctors and since these retained
by me have had no opportunity to
converse with you and thereby Judge
of your mental condition, I want
you to submit to examination by
them. Are you willing to do so?"
Before Mr.. Jerome had finished
the question the court told Thaw not
to answer.
His lawyer, Mr. Grahm, Immediate
ly objected to the question as TAX
ing an unfair advantage of the young
man. "These doctors have already
testified that Mr.. Thaw is an incura-
BILE paranoiac," said Mr.. Graham.
Then let us have DR.. Ferris and
DR.. Hirsch, said Mr.. Jerome, they
have not testified"
Mr.. Graham protested that they
were committed against Thaw.
BY the court: The REALTORS
rights will be fully protected and he
cannot be forced to submit to the ex
animation for which Mr.. Jerome asks
| but l suggest that the relator confer
W hfthis counsel. Perhaps they ma.