its duty," interrupted Justice Fitzgerald. "That is a matter the court can attend to for itself. All I want is all of the information I can get on this subject. The court wants this information, but if I can not get it, I will have to act as I see fit."
For a moment all the lawyers were talking excitedly at once, and Justice Fitzgerald was forced to rap sharply with his gavel. Finally Mr. Jerome made himself heard.
"The court has asked for all the facts I have in my possession, and I will willingly furnish them. I will give them in the form of an affidavit. I will also furnish the affidavit of Dr. Mabon and Dr. MacDonald, and if his professional privilege is waived I will have an affidavit from Dr. Hamilton."
"The learned district attorney has just said that this defendant is at this moment so insane as not to be able to instruct his counsel," broke in Mr. Gleason in an angry tone, "and now he asks that this man whom he has dubbed insane waive a privilege."
"His attorneys can waive it for him," said Mr. Jerome.
"The district attorney knows that that cannot be done," was the reply.
"We will get the other affidavits first," said Justice Fitzgerald, "and then we will discuss that matter."
Several other clashes took place, and ended in a
