The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-02-06
Wednesday" .,o,
..t,,d Won talked with counsel?

Jerome.
"wednesday" .,oa
And YOU talked with eounseii
Yes. about the case .,..o,,
about the hypothetical questlon
No. The witness fairly sllouteu VIZ
answer He also flushed ahsrilg. Ia
sat anparently unperturbed Throughout
tha crind,na Of the witness by the DIS
+,iet attorney. He kept his head poWeu
az he made notes on paper lifting ms
ewes now and then to look at Or. whey
&c NOT Jealous rage the dominant eie-
,,,ant IN tho mind of every man who kills
from iealousy?" asked Mr.. jerome
"'rhere may be other elements
Place Not Chosen.
astop that volunteering and answer
NV question. Tell us some of your CON
illusions from the hypothetical question:
he requested 49,
$50 shouted the district attorney
you think the place was chosen FOR
the crime. do your
mo. My argument Is that II was not
| chosen r
.T want your arguments Kept out OF
this What is your opinion-was the
place chosen?"
No"
| Now as to manner do you think that
| bacause This man with malice and hatred
| of the man he saw on the roof garden,
walked over to him and fired three bul-
let's into his body with the revolver held
so close that the face was burned by
the powder-do you think it was an ac'
| of insanity
Eyes"
'.'rhen the killing of any person in
Jealous rage is per Sc an act of In
! sanity?"
yes"
Mr.. Jerome took the witness over every
| incident of the night of the tragedy and
asked him If In each case he thought
Thaw's acts were those of an insane
man. The witness finally summed up his
answers as follows
Taken alone they do not impress me
so, but taken together they do
/ Alfred Lee Thaw.
Alfred Lee Thaw, AZ years of age, a
resident of Richmond, Va, next was
! called to the witness stand.
! Are you related to the defendant
Harry X Thaw?" asked Mr.. Gleason.
81 am"
'What is the relation
MY father and his were first consins."
"When did your father die?"
October % 1886"
'Where was your father, or have you
any means of knowing where he was,
when he died?"
Il object" interrupted District Attor-
| neY Jerome. 1.-The question is irrelevant
| and imma terlal."
! Justice Fitzgerald sustained Mr.. Je-
rome's objection.
| Mr.. Gleason argued the point. He said
1t was intended to show a collateral con-
dition of Thaw's relatives-the relatives
designed from common ancestry.
| Mr. Gleason said he wanted to prove
the hereditary phase of Thaw's insanity,
! and could trace It back 10 common an
cestrv with the witness father. 1t was
| not necessary or contemplated by the
law that 1t should be proven mans
father or grandfather were insane to es-
tablish hereditary insanity.
Not Competent.
District Attorney Jerome argued in re-
1 n1v that the witness was not compe-
! tent person to testify as to insanity in
the family of the defendant. 1t was
necessary. he said, to go back to the
great grandfather and mother of the wit
ness and the defendant to reach COM
mon blood. On the two collateral
branches of the family four separate
, stocks had been blended with the birth
| of the witness and the defendant.
II infer from the opening address OF
the defense" said Mr. Jerome. that they
will try to prove by this witness that his
father died in an asylum or some retreat
for the insane The fact that a man dies
In an asylum is not proof of his insan-
ity. The law does not recognize It, The
! fact that a man dies in an asylum like
that conducted by the eminent DIR. Wiley
who was ON the stand today, for In
stance, does not prove that he was I'M
| sane"
Justice Fitzgerald said that he felt con-
! strained to adhere to his decision sus-
tanning the district attorneys objection
| for the present He would take the au-
thorities cited by Thaw's counsel under
| consideration. lie thought a closer re-
! lative than the witness should be offered
as witness.
J Did you see your father in an asylum
/ for the insane in the year 1852" asked
Mr. Gleason.
Mr.. Jerome again objected to the quos-
/ ton.
I'm the present condition OF the record
and at this stage Of the trial | sustain