The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1907-02-05
(Scripps News Association

In accordance with the insanity
plea entered yesterday Attorney
Gleason framed a hypothetical
question embodying Thaw's actions
previous to the shooting, his man.
ner and remarks after the killing,
and asked Wiley If, in his opinion,
the man who committed such an
act was sane or insane.
"My opinion is that the man was
81 object" shouted Jerome, and
the battle of alienists was on.
The doctor finally answered that
in his opinion the man who acted
as Thaw had after shooting was
undoubtedly insane.
Gleason then asked: "If you
knew that hereditary insanity ran
in the family would that knowledge
aid your conclusion?" Witness said
it would.
When Jerome began cross exam
nation he asked: "You do not
know what laws the state provides
in excuse for crime by an insane
man." Witness did not. Jerome
forced the witness to admit that he
had formed an opinion on the hypo-
thetical question from what he was
told of the facts in the case and
what he had observed in Pittsburg
in 1905. At that time the doctor
said he was passenger on a car
when Thaw entered and without ap-
parent reason yanked the blind off
the window and put it down. The
conductor pulled it up. Thaw'S ac-
ton created a Juror His manner
was vague and semi-defiant. Glea-
son asked if the act was rational
and the witness replied: Il should
say not"
Nov, as an expert" began Je-
rome, but Wiley interrupted with:
81 do not know that / am an ex-
pert"
do you mean you are not an ex-
pert?" asked Jerome.
81 have had some experience in
insanity cases and believe I'm con-
sidered an expert" replied Wiley,
81 have knowledge Of the subject"
do you mean to tell me you
came heer and on the mere facts
known to you in this case you testi-
fly as an expert and give an answer
to that hypothetical question:"
Yes" Wiley responded.
Gleason then asked the witness IL
he thought Thaw knew at the time
of the shooting that the act was
wrongful and knew its nature.
HE did not" replied Wiley.
After another wrangle the court,
upon Jerome's motion, ordered this
answer stricken from the record as
not in accordance with rules of evil
dence laid down by the court of
appeals in opinions ON hypothetical
questions. Gleason tried to get an
answer to the same hypothetical
question in accordance with the
rules. Wiley answered he believed
the act that of an insane man.
Again Jerome went at the wit
ness, asking him what he believed.
81 believed he was suffering a
delusion," said Wiley. Then Je-
rome and the witness wrestled with
the medical difference between
pathological conditions and per-
verted functions.
Jerome made Wiley admit his
opinion that Thaw is insane was
based upon the streetcar incident,
but not until after he had read of
the shooting, and further that his
opinion was partly formed by what
he read in newspapers. Jerome
then returned to the question of
pathological conditions and per-
verted functions and asked Wiley
if he had applied the Romberg
test.
Il don't know what the Romberg
test is" replied Wiley. What, you
are expert in mental and nerve dis
eases and don't know what the
Romberg test is?" sharply asked
Jerome Have you read Hack
tuck's book?"
Witness said he had, but didn't
recall the Romberg test. Jerome
kept the witness under a whitening
fire OF medical questions, causing
him to fret continually. He was
still under fire at recess, when the
court asked Jerome IL he would be
very long in the examination. Je-
rome said Yes; | find this wit
ness interesting.
Thaw's mother and his wife will
be called to the witness stand by
the defense in support Of the in
sanity theory Under the rule ex-
Guiding other witnesses from the
court room during the examination
the mother and wife are absent.
May Mckenzie is also listed among
the witnesses for Thaw.
Jerome resumed his attack upon
Wiley this afternoon. He put his
questions with astonishing facility,
indicating deep knowledge of his