“If the real facts as to the mental condition of this defendant can be brought out the court would be shocked and horrified and would stop this trial instanter. So deeply have I been impressed with all this that I have served notice on the attorney of record that when this case is over, if I am convinced they possess the facts that I believe they possess, I will lay the matter before the Appellate division of the Supreme court.
“There is not a man who has seen this defendant sitting there at the table who believes he is capable of advising counsel. We are today trying a man who is insane, while under the law he is sane. He is a paranoiac, and while he is insane he is not insane in the eyes of the law, for strictly speaking he knows the nature and quality of his acts.
“A man named Taylor went to death under exactly similar circumstances. The Appellate court said that he was insane, but he was a paranoiac, and while his act was committed as the result of a delusion, this delusion was not such as would have made his act justifiable had it been true. It was one of the most gruesome acts the law has ever done.
“In five minutes time,” cried the prosecutor, banging his fist on the lawyers’ table, “I can show that this man is incapable of advising his counsel as he sits here in court. I will present facts which will prevent this trial from going further!”
“In view of the statement made by the district attorney,” said Justice Fitzgerald, “I now ask that I be given all the information in the possession of either counsel—all the evidence as to the defendant’s present state of mind which can be presented to the court. I do this before instituting the proceedings I understand have been asked for.”
Mr. Delmas wanted to know if a commission in lunacy was under discussion.
“The court,” replied Justice Fitzgerald, “is asked to hear testimony while the jury is out of the room, and then to determine its course.”
“All of my own experts, Dr. Bingaman, the family physician, and Dr. Deemar, the physician to the Copley family, have informed me,” said District Attorney Jerome, “that this man is suffering from paranoia. This paranoia is characterized by systematized delusions. While suffering from one of these insane delusions this man shot and killed Stanford White.”
“Did your own experts tell you that?” inquired Justice Fitzgerald of District Attorney Jerome.
“They certainly did,” replied Mr. Jerome, “but from the record of the case I was prevented from bringing this out. I was bound down to a hypothetical question, and my witnesses testified only as to the hypothetical question. There is heredity in this man which he cannot avoid.”