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 "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."

Mr. Delmas again arose and inquired if a commission in lunacy had been applied for.

"I so understand it," said Justice Fitzgerald, "if the court shall so decide."

"We are prepared to combat that application," said Mr. Delmas.

"I have made no formal application," explained Mr. Jerome. "I submit to your honor the fact as he sits there the defendant is incapable of directing his defense. I leave the matter entirely to the court."