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

he had come to forget himself He said
this dreadful thing had suddenly come
over him and and if it had not happened
she might have been with us then.
Mrs. Thaw told of DR.. Bingaman hav-
ing called in and prescribed nerve tonic
for her son.
After Harry once spoke of the young
woman, he often talked of her"
when did YOU first learn who the
young woman was?" asked Mr.. Delmas.
II can't recall precisely; I think it was
in the spring of 1904.
| DO you recall the conversation you had
with your son at that time?
Mr. jerome objected on the ground that
there was nothing in the evidence to
show that Thaw was insane at that
time. The conversation, he declared,
should be confined to the periods of in
sanity as testified to by the experts.
Mr. Demas replied that DR.. Wagner
! had testified that Thaw's insanity began
| in 1903, when he heard Evelyn story
| Mr.. Jerome interrupted
Are you invoking the rule which |
| pointed out yesterday he asked, that
the presumption of the defendants IN
sanity continues until otherwise proven
THAT is the rule of law which | in
| woke to cover the point | now wish 10
| make" replied Mr. Delmas
Jerome Mentions Commission.
lar. Jerome now for the first time since
the trial began mentioned publicly the
possipiily VI '"9 -, >,
! for the appointment OIL coiiiilSsioii III
| lunacy.
| I'VE nave testimony mere saiu wi
Jerome, that TINS delehoanl Mas ins ,oo..
in July, l9o3' insane III NoNe'i'DI., 80 o.
| 1906 Why does not he continue insane
right down to the present time, IL the
presumption Mr., peiihus 49, ,.aI ooso
| rect? And why shoulu not TINS 'ii"i cea a.,
be suspended. until the matter ol the
defendants present state Oh iliho cai' oe
inquired into?
Mr.. Delmas i-rose TO reply g ..,s
''rhc question of a suspension of this
| trial 10 not heiole your ,ohoi 70,
termination, he declared. ne pfeaui'i ,p
| ton of law which ! nave el'eu peiiiil9
us to give the testimony WHICH 10 ""-
der discussion ....
The argument was loils lne ~, ~. III,
! taking sldes oppos!te ~ luo9e aa,.od 30
yesterday when MI Jerome uesneu "
obtain from III. Nasnei Ia LII rha ",
! garding CONVERSATIONS ne n ,.4 e. ,,;sits
he he made mac, to him.
nr,up,en+
-. a,a','od ,hat while as he
WI. 9e,oi a,.,.aas. insanity once estab-
Si"S' -, AZ, -
! lished is presumed 10 commune "iitii INC
condition has disappeared in TINS case
! DR.. Wagner's testimony was proof enough
| to overcome the presumption He SAID
! thu experts had testlieu Ilal An ao" Nc waS
insane at periods from 1908 to 1905 The
defense. he said, wished the Jeuse "
rule that for three years Thaw was
continuously insane.
But now" he said, after seven months
in iail he sits here perfectly lucid ana
able to advise Ills counsel.
'If II was claimed that Thaw Is IN
sane now" Mr.. Jerome SAID 1T was
only matter of appointing commission
! in lunaey and stopping the TRIAL
Justice Fitzgerald Interrupted 10, say
that the matter of n commission was hot
! before him. and that ne was SIMPLY
passing on Mr.. Delmas obJection.
Justice Fitzgerald READ from uecisioh
covering the point. and sustained the
objection. which allowed Mrs. lnaW TO
Aoceed with her narrative.
Mrs Thaw then testified as to converse
tons with her son between THANKSGIVING
| 1907 and Harry's departure for Europe
i'm the spring of 1894
I'll. ei.r. N,r,e
'es
He told me the girl name sdiu MIS-
/ Thaw. "but ! can't remember Just when
,his was lie told me that she had lived
~ pittshrrp or Allegheny and that she
! had rome 10 New York with her mother,
! where all know she posed for artists.