The evening world. Newspaper, March 20, 1907, Page 1

5 EDITION =a ~PERCY-EREY LAW AE ONL HUT HARDIN PLEA) GETS HIS RAISE. | —FORJEROMES BILL) FROM GIANTS) sRagng Act Now in Force, Senate Told. McGraw Wires Out¥ elder to Join Team at, New Orieans. - THRONG Church and Reform Interests Stand Solid for District-" Attorney’s Repealer. AT HEARIN BLUFF 1S MADE GOOD. Gets £600 More Than Figures Contract Called for. ning Work) Mike Donlin, of W Rta tent tor hichert York” National (Special to The Evening World.) ‘ALBANY, March Reproventatives, ef agriowtural —ansoctatio horses breeders, jockey clita and. racing “In- CHICAGK, the Giant galary: terests turned out strong to-day to pur | league club, Mahager McGraw has de- the Anishing touches to the sand-|chled that he neds Mike more the ——bagging “of ..theJercme. anti-race-track | coming -.iax0n Tee Neste eM. gambling bills. The moasures were up| Mike asked for of the price, pat before the Senate and Assembly Codex] Huis neimot in his ect. Along with, el. ne today Donlin ei ram from San his break fant NK Over a tel sald: t ontrived here and “re- ceived your létter. Will agree with you ‘on: that $000, proposition. sp please re- ‘Committee this afternoon. The Senate Chamber, where the hear; tng wea held, wad crowded with Jegia: ‘$ative agents and members. The forces in favor of ‘the bil were Yea by Dr. E. B. Sanat. = 9f the Feiermtion of Paaentttep aes port at once. to the min, New Or i Jeane Se Stare York State. Speeches were made by Dr. Ganttord, Secretary Barnes, of the Convention of Baptist Churches; Dr,.A. The tact that Donlin had peeh signed? {by McGraw was not long in spreading pe around the. baseball headquarters of the eopioes! Fy of the Intemationa! (iy and there waa little Joy in most Reform Bureau: J. B..Wright, of the} ft th laces; ‘for, 1e_ ts) feared ‘that City Clu and reprosentative of Queens | usin pee reiit pravent the. Cab and Westchester Churches. the Giants “as A letter from Anthony Comstock tno Desnecmissyueracl last year, favor of the billa was read by Dr. : Basarord, District-Attorney Jerome; it was an=— Bounced, could not. be present on ac- eolint of the Thaw: tial. * Dr. Sani who nade the principal GeO greet hat the present soe} called Peroy-Gray raving Jaw does not | obey the clear -mandate of the con-! _ mutution of the State, whlob forbids gambling, is evident for this reason, {t Virtually protects gambling -within-cer- t tain favored race tracks, | Griffith's. Men Crippled. for, “Outalde the racetracks’ poo) selling, | Dookmaking, etc. Is a crime, dealt with |, To Days Game Against | y Ba SoMUBREN, on terms and penalties entirely difter- ‘ent-from- those tmposed, when the sume] — are committed Inside the en- ure. “Under the proyisions of the Percy- Gray Jaw gamblers within these favored race (racks are! punimiable ‘only by tie. THE BATTING ORDER. Fecovery of losses through civil pro- | N: Seases.. A process that can only be | 3 xe initiated by one of che persons engaged} re in u gambling tranmction, alt | _ All. Gambling a Crime. to your atten- —ton make gail ae—-mtuch—a-—crime on race tracks as it now {s in every other portion of the State, These bills. change Uie grade of crime from a fel- ony tow misdemeanor, “The object in making the crime a misdemeanor Nes. “First-lf jt be a felony, the aren dane pe tried before an yury. It Its a tolsdemeanor in. New York cls he can He tried without a! jury in; Special: Bes- Antone: “Iincreasty BYBOZEMAN. BULGER. ‘(Spectal to-The Brertne World.) ATLANTA, Ga., March 20.—It was a crippled ‘team that New York sent | against Atlanta thie arrernoon “and the | local fans, who quickly observed. the | ~ exbonie, sohange, began to have hopes of a pos-— ‘the-nammber.. of coavictions and jeqds:te “aidie victory. ‘The pitchers were tn ex~{ pesdy st ‘cellent shape,’ however, and that “re- E papyiertoes pp pebcen faey eg ot | eve Griffith's nworry, as. his main ob- when” the ” Jeot in oldying the game was to try out Barger and Keefe, To-morrow he will let Castleton go for five Innings Phini—As nee law now etands the | Zuly, 1,600 people Were out to see the ventenoe to tjoonteat. After to-nforrow’s game the Es bevlven, upon conviction 18 | Highlanders: Tago to Macon for two days. Tehowy that courte usually consider thie v | Bah soyaie cca [SENATORS HIT THEATRE Bien iu etree an’ sted"ts| TICKET SPECULATORS. epforce this law Mit the low in’ amended as Propoee: it Ja believed that tmprisonmen i biien be imposed upon conviclon. This ‘will tend strongly to break up the cast cS —S——... BINGHAM POLICE BILL | FIGHT ON TO-MORROW, ALBANY, March 20.—Senator Siaxe's bill prohibiting ‘the ale of theatre Alcketn by sldqwalk epeculators In New York City was reported favorably to- day by the Senate Codes Committes. ‘This action followed a’ hearing ne which Charles EB, Bornham, menage Wallnck’s ‘Theatre and president of the PES ai i flere eer) ‘Theatrical Managers’ At tion; Fred ALAANY, March -%.—The Bingham ation, and John ©, Coleman, of }Polloe bill was reported by the Sehate Association, appeared in * Cites Committee to-day and referred to’ the committee of the whole, This will “brite the measure on to:morrow's cal: fendar, whon dts advocates will move to ‘ baye tt aavanres to third reds ihe Wert ieee’ of ute bat The speculators hed .a- dozen sentatives who fought the measure, eS NEW ORLEANS RESULTS. FIRST RACE—Sabado (20-to 1 and b'to 1) 1, Antoine (4 to § for place) 2 1/ Ham 3. SECOND RACE—Spton (4 to 1 ang 8 to 5) 1, Columbia Girl (4 to 6 for plaoy) 2, Refined 3, Sundav World Wants: Work Monday Morning Wonders, will be nt af the Republica; ‘he: ine a in the Citles Come Balgwe” ea Ee js taken os protty, rrevidange of tthe “Anal tome: = meyers, he howeren, stir ts TARTU UA CG. roulati a Books Open to All.”’ ‘ACCUSES THAW LAWYERS } the: altenist: ‘INSANE TWO DAYS AFTER TRAGEDY. NEW YORK, “WEDNESDAY, nla ppihoansomnameanteonaieapeencnrpo apa ANA ANNA oem a anti RIE FINA | RESULTS EG} MARCH 20.) 19076 PRICE ONE CE Ne ; When the District-Attorney Prac- tically Admits That a Crazy: Man ‘Is on Trial for His Life. OF HOLDING BACK FACTS. Delmas in Return Declares that the District- Attorney Was to Blame for Not Forc. ing the Issue for a Lunacy ‘Commission. | District-Attorney Jerom: sprung the sensation of the Thaw trial to- | day by asking Justice Fitzgerald to appoint a commisson in lunacy to ex- amine into the present mental state of the slayer of Stanford White. _ With tears streaming from his eyes the District-Attorney declared that Harry Thaw is’a‘Nddt? and that his lawyers know it, He accused them of deliberately allowing a crazy _man to be tried for his life, and an-Pmiaston to inquire into.the mental condition of any defendant under tn- nouncing his intention of bringing what he called their ORCC: con- duct to the attention of the Appellate Divistan. Mr. Delmas, for the defense, agreed that if the District- -Attorney told the truth he should ask ‘for a junacy commission but! he did not admit ( the truth of any of the prosecution's statem>'s. f noon, when Mr. Jerome will submit-his brief and argument to show why 2 commission’’should’ iriquire into Thaw’s sanity, and the defertse will | submit arguments and briefs to show that the trial should be allowed to continue on the assumption that the defendant is sane. [tai cl VEXED AT GLEASON: Lawyer Gleason. of the dedgpse, has been boycotted by fis ‘colleagues | use’ of a bad break he made in the conduct of the case just before | t Ise jee Thaw appeared to be but slightly affected at ithe sudden Setich in the” trend of his case. “His lawyers assured him that the-District-At- | tomey knew he was beaten and was playing a last desperate gamé. Thaw | seemed to agree with this line of reasoning. The extraordinary interruption in the course of the trial and the sur | prising necusationa of District-Attorney Jerome followed an attempt on the part of the defense to introdtice, a8 a witness, Dr. Allan McLane Hamilton, Tt has-been. known, all along that while-Dr,-Hamllton was! originally retained as as export by the defense he has been under subpoena by the prosecution, and his call to the stand was a surprise. Mr. Delmas announced that he desired to show that Harry Thaw was: insane _two days after, he-shot Stanford White. Dr. Hamiton-visited him sn the-Tombs oh that date, District-Attorney Jerome objected on the ground | | that the evidence was ot properly evidence jn sur-rebuttal but entirely’ new, _ Then ensued an acrimonious argument, in the course of which the District-Attorney worked himself into a condition approaching hysteria. | He sobbed, and tears ran. down his cheeks. Finally he said he would) consent to the introduction of Dr. H—milton's testimony {f _the defense | would .allow him to -examine at length. s Ese tatoaeeaerpimeatcnen Delmas agreed to- this, ‘Then -the-Dietriet- ‘Attorney made serlous allegations against the lawyers for the defense, ee the court upheld every objection he had made. Mr. Jerome and , Delman became so wordy that Justice Fitsgerald, fearing they would audveraatiy disclose Dr. Hamilton's evidence in argument, ordered the jury from the court room. se Jerome proceeded to make @ statement of Dr. Hamilton's early ‘con- nection with the case. He sald: e “Tam informed that Dr. Hamilton, after visiting with the prisoner and after conferring with Dr. Deemar, the family hysician, made a written re- port to Thaw’s then counsel, stating that in his opinion Thaw was insane. 1am also informed that Dr. Hamilton holdd further that Thaw is at this moment insane and incapable of properly conferring with his counsel. But 1 am further informed that Dr. Hamilton belleves Thaw ts suffering from paranoia, which {s a form of insanity in which the victim suffers from do- lusions, but, nevertheless, knows that his acts are wrong and knows their nature and quality, as has been held by the Supreme Court.in the Taylor cane, “The Court knows that I have tried to ascertain tte present mental condition’ of this prisoner,” | ACCUSES THAW’S LAWYERS. Then with tears streaming from his eyes and) his, volce breaking, Jerome made a most sonsational statement: “1 know,” he shouted, huskily, “that this man's lawyers are holding back important facts: 1 know that he is at this moment a lunatic; | know and,’so does every man who has followed this case and who has watched this defendant that Harry Thaw is Insane at this moment and that he is absotutely, incapable: of. conferring prop- erly with his lawyers. ‘gaat “I feel bitterly about this matter. 1 know that It would’ be.an : everlasting shame to-this community Jf this defendant were put to death under the circumstances, yet the defense ls in the attitude of || glad, on the whole, that the case has taken this {f noon by Harry Thaw. Just What May Happen WTR Is SUDDENLY STOPPED; | ACY COMMISSIO Goncatieel Scene in lene To-day “PM. SANS,’ SA YS THAW, i} “AND .THE COMMISSION WILL DECLARE ME SO.” “Tam ‘perfectly sane and everybody who knows me knows that I am sane. [n fact,'on second consideration of the -matter,1'am-rather turn, because, I|.am satisfied the commission in lunacy. is going to declare: that I.am sane at present, and after that: you can guess ‘for your- self what will happen.’’—Statement made this after- Now in the Case of Thaw Should ‘Justice Fitzgerald appoint « commisston-in-lunacy to-pass upon | the.mental status of Harry Thaw, he will act with authority conferred upon | him_by Section No. 658, Chapter §,.ef the Code of Criminal Procedure. Apparently Incersed by a Question Asked: by Prisoner, Who Dreads the Pros: pect of Being Sent to Asyltitn ~ for Criminal fees ee FIVE THAW. LAWYERS. : LEAVE COURT ABRUPTLY« Their Associate, Gleason, Who Draws: in * Reply a Damaging Admission From : Dr. Allen McLane Hamilton, self tried to put*the familly physicians on the stand I was met by the ops position of the other side. “Speaking only for myself, I submit that this defendant ts not at press ent insane within the meaning of the statute.” “This section and chapter," sald Moses H. Grossman, of the Pulitzer Building, this afternoon, “empowers a trial judge to appoint a lunacy com- diciment, before or after conviction, unless the derendgnt shall” be under sentence-of death. The trial judge may of his own volition ‘appoint such ‘a commission the moment he 1s convinced that the defendant ts Insane. “{f the defendant ts found insane, the trial {s suspended pending the restoration of the defendant's sanity. If the Court belleves that the defend- ant {s dangerous to public peace or safety he may order him committed to —Sstice- Fitzgeratd-adjourned: court-untll >-o'clock to-morrow after pubic gaytum forthe -insanc-—fn—case—of the -anity -of the defendant! the trial may be resumed where It was left off, or the Court may dismiss the jury and order a new “rial.” fife, when-that-prisoner_is-mentally incompetent. To execute him would be: butchery, We have no right to try him for his life, yet it fs-the-fault-of-the-ether-side-and-rnot-my-fault,— “And | say now that n) matter how this trial tums out, 1 in- tend to call thé attention of the Appellate Division to the conduct of this man’s lawyers jn risking their client's life. I!’—— THAW DEEPLY INTERESTED. aS ESTEE Thaw, white and dazed, watched Jerome with twitching eyelids. His | | lawyers sat silent during thig remarkable declaration—all but Delmas, “If these. things are as stated by the District-Attorney, he ts In the attl- tude of trying to convict a lunatic of- murder,” sald Delmas. “Is it not his aworn duty to end this trial and gak for a commission tn lunacy, Instead of going furthér with this trial?” “1 occupy this position,” sald Jerome, white with rage and suppressed | ‘BOTH SIDES TO GET FAIR PLAY. johall hase cape to complain.” *{ will hear all sides,” said Justice Fitzgerald. “I want all the mation that any one will furnish me upon the polnt that has just been raised. 1 Intend to make this inquiry as broad as‘ possible, Neither ‘nid Gleason arose to protest that in twenty-eight years of practice at thi bar he had never been accused of unprofessional conduct.’ He asked this question of Dr. Hamilton: ora! “Do you believe sir, that at this moment the dofendant ts incapable of instructing his counsel?” Print bal “T belleve that he is incapable,” was the answer that lifted Gleason of bis-feet and:fiung-bim_back. had not expected any such answer.’ “When aid you first, say that to his lawyers?” Gleason managed to stammer. ; “Several months ago,’ answered Dr. Hamilton calmly, : “Did you not say some Weeks ago that Mr. Thaw could probably confer intelligibly with his lawyers?" “[ made no such statement,” sald Hamilton. Gleason pushed inside the ralling, wildly protesting that he was willing 0 swear~that~he—had—never—been—gutity—of— unprofessional conduct aid — that Thaw was competent to assist bis lawyers in his defense. / . The other lawyers grouped themselves about the Justice’a desk, perm ; turbed and harassed, ‘They were asllent, save for the vociferating Gleason, “'] meant_no reflection upon any of these gentleme! Sartell THE JUSTICE’S RULING, Gleagon started in all over ogain, but Justice Fitzgerald halted hime with a gesture of his hand. ‘\You'can make whatever statement you please in ‘the form of an affidavit," he sald, “I intend to give full consideration to the point which has just arisen, I fll now sdjourn this case until Fri day morning at 10.30 o'clock, and in the meanwhile I will sit to hear whate; eyar_proceedings may be brought. 1 call upon the DIREC NOT 8Y LO Dre at vide me with-an affidavit by to-morrow afternoon at 2 o'clock setting fortly Lhe contentions. he, has Just-made, 1 call ujson the Jawyers for the defense. \ feeling, “of being ready to call for a commission in lures as son ay the | defonse will arm.mg.with the information which I know they are withhold: ing.” ! “Gentlemen,” sald the Court, “you nre getting away from the point on which we started. This Court tz ready to take the proper steps in this ex- ‘traordinary new development as soon as the facts are property presented to me. As 1 unders(And, the District-Attorney is now practically In thé at- titude of asking for a commission ip lunacy, Ts that 8 "Tam pracucally in that attitude,” said Jerome, “Iam insisting that? ‘the assertion that-this-man—ie—incapable—of properly —conk Hing with ula; lawyers should now becomea proper subject of legal inquiry." “In that event," sald Hig Honor, “I wilt dismiss the Jury unth 2 o'clock and I call-upon the District-Attorney. to at once submit to me Any Informa- (on In his possession which, WHI be of use in guiding the Court in this; new contingency.” JEROME'S ALTENISTS CALL THAW MAD. “Very woll,” said Jerome. “Now, then, | am going to make an explana- Uon to vindicate my posttfon. “fstruggied valnty-to get tate ‘the record thet testimony of the ‘amily physicians rolative to the insanity on both sides of} this man‘s family. Moreover, 1 was inforined by all of the allenists whom! I retained to examine this defendant that, from their observations of Harry | Thaw in this court, he was mentally incompetent and unable to confer with his lawyers. They also told me he was suffering from a delusion when-he shot Stanford White, but at the same time they assured me that, as a paranolac, Thaw knew the nature and quality of the act and knew the act was wrong. Therefore, I folt sustained in my position." “I desire to ask," sald Delmas, “if the District-Attorney is now asking | for a commission in lunacy? If he is not:asking for such a thing, there {s nothing Wefore this court: except the question of Dr. Hamilton's testi-! mony." : It was Jerome's time to retreat. his tongue betray him, he said: “I have made no application and [I have served no notice upon the Jus- tice that I intend to do so. I have merely stated these facts as a sugges- tion ‘tor the guidance of-the Court, leaving His®Honor free to act as his} sense of duty dictates.” | DELMAS IMRBALES JEROME- “Then we have the incredible spectacle,” cried Delmas, “of a District: Attorney trying to send to death a man whom he knows to be crazy, Yat he now refuses to do his sworn duty and ask for an inquiry, “In the absence of any statement to the contrary, I will assume that what the District-Attorney says 1s truc, and he ts acting under a sens¢ of reaponsibility of his duty, An appeal has been made to my conscience, which must be answered by me with a request for all the facts, A charge ‘hae practically been made of unprofessional conduct, and that, too, must be investigated.” ‘As Delmas started to speak Gleavon rose up. Thaw had been whisper- ‘ing to hin vehethently and beating upon the table. “Hreaking Delmas off short and evidently apeaking by, authority of Thaw-himaclf Gleason sald: “Your Honor the counsel for Mr. Thaw unites in the request that be- fore this court adjourns Dr. Hamilton be asked whether In his opinion this Reallzjng his excitement had made Fea om toe Cae oar ot, ease, tonya: toe his an can conte: with) bia|iamyers, ‘The Court will recall that when I my-' He wi | mission, I will be Jn position to choos, AS a member of it an ox to meet here at that hour to-morrow to examine the District-Attorney's | «fidayit and to make any affidavits they muy desire in answer to $l: also (lesire that each site shall furnish me ai a complete Hat of all the allenists who have been connected in any way h this case in order that; In the selection of a commission-in-lunacy, If Id je to appoint such a com: mental ofthis tage.“ FIVE OF THAW’S LAWYERS QUIT. Gleason, who had been jumping wildly back and forth between | place where the white-faced Thaw sat and the counsel table and t's Judge! desk, now sald he desired to ask certain questions of Dr. Hamilton with; yiow of putting himself right upon the matter of Dr. Hamilton's statement ae believe there bas been a ileuhderstanding between myself and the began the flustered Gleason. net came the biggest ellmax of this day of ellmiazes. With: one aos cord the Thaw lawyers, Delmas, Harttidge, O'Reilly, McPike and Peabody clapped on their hats and In a body stalked out of the room without a very to Thaw or a glance toward Gleason. It was their way of showing t f they had abandoned the fight to Mr, Gleason, and a physical manifestation of their disgust at his actions in selzing upon a critical moment tn whiel to put thelr sfde at a complete disadvantage and to immensely strengthen Jerome In ie attitude which Jerome had so suddenly assumed. EVELYN THAW NEAR COLLAPSE. Outside in the ¢orridor Evelyn Thaw, was waiting. She was white as marble and trembling like an aspen. Roger O'Mara had run to the witnepse room and brought her news of what was happening. She grabbed’ Dan. O'Reilly by the arm and begged him to take her Into the Tombs, “l AM AFRAID,” SHE WHISPERED, "THAT HARRY WILL DO SOMETHING DESPERATE WHEN HB GETS BACK TO HIS CELL, HE HAS FEARED THIS ALL ALONG.” Meanwhile Delmas and McPike had halted in the basement of the: Criminal Courts| Building for a whispered conference. A reporter for:The} Evening World found them there. “Haye you withdrawn from -the.case?”" was, the question he put to Delmas, “My attitude ts just this,” sald th: Callfornian; “At the time of the former disagreement among Mr. Thaw! lawyers It was decided that [ should be made the senfor counsel. At the! name Ume It was stipulated that !f at any time the insantty Issue should | be raised in this manner MrfGleason should.take charge of the case, You, may haye observed ‘that he did take charge of it, and I presume he ‘will! continue In eontrol.” ‘ Delmas slapped on his high hat, Mpked ‘his arm In the crooked alb of the waiting MoPike und stalked away with. deep disgust written large on all his mobile features, THAW TAKES S URPRISE WELIn After the first shock of surprise over the unexpected turn tn his ‘cata | Harty Thaw got.a good grip on hia emotions. In the confuaton followla the adjournment he was quite cool and collected. After leaving the court-room Thaw was taken up to the Bride ape beh deta rt taped one a eae: hi i | ( ay oes