The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-07

the assumption should not continue down
to the present day, and il Mr.. Delmas
point was well taken, the trial should
be suspended and commission appointed.
Mr.. Jerome added that he was merely
suggesting the alternative of commits
sion for the sake of argument. Justice
Fitzgerald upheld Mr.. Delmas' position
and said the question Of a commission in
lunacy was not before the court. With
the completion of Mrs. Thaw's testimony
today, Thaw's attorneys announced that
they would have but two more witnesses
-eXperts-who Will be called upon to an
swer newly framed hypothetical ques-
ton covering the entire ease from be-
ginning to end. These experts are SAID TO
| be Drs. Graeme NJ. Hammond and Smith
r. Jelliffe.
At the end of Mrs Thaw's examination
court adjourned over until Friday MORN
ing, Justice Fitzgerald causing an anan-
donment for the Thursdays session
Battling" Nelson, the pugiist, was the
center of attraction in the court room
where Harry Thaw is on trial for his HE
today, occupying the entire attention of
the spectators up to the time the defend
ant was called to tie bar and justice
! Fitzgerald had taken his place on the
| bench Nelson was accompanied by MS
manager, William Nolan, and they occu-
pied seats just behind the prisoner.
In anticipation of Il continuance oil the
seats In the court room today
ThaW again came to the court laden
down with letters which continue 10 come
to him from all quart rs of the globe
Most of the letters are in praise oil th@
defendant and he manifestly takes great
satisfaction in reading them.
DR.. Charles e. Wagner of Ringhamton'
W no has been under cross examination
since Monday afternoon was again caiieu
TO the stand and District Attorney jerome
began To ply him with questions regard
ing Thaw's will and codicil.
DR.. Wagner on Stand
Dr. Wagner SAID he believed that when
Thaw wrote the section of his will pro
Viding for fund for the prosecution OF
any one who might take his life his NINA
was clouded and he did not have as eledf
an idea of such matters as a man who
was wholly sane, but enough TO be aoie
to appreciate that the taking OF human
life was a crime.
Doctor, when this defendant stood up
to be married ON the same day that the
will was signed, did he know what he
was doing2" asked Mr.. Jerome.
Il don't think his mind was entirely
clear
WAS it clear enough for him to under
stand he was getting married?
Yes he understood II.
y fter questioning DE-. Wagner at some
length regarding the letter written by
Thaw in 1903 to Attorney Longfeow, MI
Jerome suddenly asked:
WAS there any period, doctor, between
1903 land 1905 when this defendant was IN
full possession of his faculties
DR.. Wagner hesitated a moment ana
then replied:
There are several months in that
period of which [ have no record. 1t is
possible that there may have been re-
coVery during that time and condition
OF soundneSS."
Number of Works.
Mr. Jerome took up a number of works
by various authors of psyehiatry and
asked DR.. Wagner's opinion of the WORKS
, and writings. For half an hour this lIne
of questioning was kept up DR., Wagner
acknowledged that most of the authors
, noted were learned men. Following TINS
Mr.. Jerome returned to Thaws letter.
In explaining that man might be IN
sane and still have a working knowl-
edge of many matters, DIR. Wagner Sald
that in the institution in which he is
superintendent he has a patient although
; the most insane man he has ever seen,
is q good shoemaker. One Of this man
delusons, which affect him three or four
, times a day is that people who are hun
dreds of miles away are eating something
, that causes him nausea
Tall Man With Gray Hair.
\ tall man with grey hair and small
grey mustaches created something of "A
| stir in the court room by suddenly slip
ping into one of the vacant chairs at
| Thaws counsers table and engaging the
defendant in earnest conversation. n
court officer moved toward the table. but
l Attorney o Reilly interposed himself be
, tween the prisoner and the new conner,
who arose. shook 'Thaw's hand cordially
= and left the court. 1t was explained later
. that the man was from Pittsburg and
had been a close friend of Thaw's father.
! The defendant would not diynlge the
S | name.
After finishing with his questions,
| ! based on Thaws letters, Mr.. Jerome
Y ! asked DIR. Wagner:
Circular Insanity
! do you know disease known as cir
q cular insanity"
Yes" replied the witness.
as reasoning in a circle a sign of cir
, cular insanity?'
Il don't know what YOU mean by rea-
| | soning in a circle"
THE kind of reasoning you have been
t doing
Mr.. Delmas at once objected and asked
< that the remarks to stricken out, accusing
: | the district attorney of making an infer
: ence that the witness was victim OF
9 circular insanity,
, Mr.. Jerome settled the matter by with
[ drawing the remark
| The prosecutor next took up the events
on the Madison Square Roof Garden the
night Thaw shot and killed Stanford
White. lie asked the witness if the sep
arate acts of the defendant that night ill.,
dictated insanity.
'"raken in connection with all that has
been established here" said DR.. Wagner
they Indicate to me that the defendant
was insane. He may have had automatic
, knowledge to firing the pistol and he
! may have had sufficient intelligence to
! know he was causing annoyance by block
: | ing the way to the elevator after the
: tragedy but these facts do not show he
| was sane
Mr.. Jerome next asked Mr. Wafner:
3 ''Would your opinion as to the defend
: ants condition be influenced If you knew
I that he had taken large amount of
liquor that afternoon"
II would want to know how much he
[ had taken"
Effects of Liquor.
Men who have been insane are stu
susceptible to liquor during lucid inter-
walls, are they not? There is nothing in
the disease which would make them i'm
mune to the effect of liquor, is there?
Nothing that | know Of
is there anything in the Hypothetical
question that enables YOU to tell whether
defendant was insane or drunk
There is nothing whatever in the qucs-