The case was moved in January, 1906, and the defence thereupon
proceeded to introduce a limited amount of testimony tending
to show that Thaw was insane when he did the shooting. While
much of this evidence commended itself but little to either
the prosecutor or the jury, it was sufficient to raise grave
doubt as to whether the accused was a fit subject for trial.
The District Attorney's experts united in the opinion that,
while he knew that he was doing wrong when he shot White, he
was, nevertheless, the victim of a hopeless progressive form
of insanity called dementia praecox. In the midst of the
trial, therefore, Mr. Jerome moved for a commission to examine
into the question of how far Thaw was capable of understanding
the nature of the proceedings against him and consulting with
counsel, and frankly expressed his personal opinion in open
court that Thaw was no more a proper subject for trial than a
baby. A commission was appointed which reported the prisoner
was sane enough to be tried, and the case then proceeded at
great length with the surprising result that, in spite of the
District Attorney's earlier declaration that he believed Thaw
to be insane, the jury disagreed as to his criminal
responsibility, a substantial number voting for conviction.
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