Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1907-03-05
Former Refuses Request
of Latter to Submit
Authorities
AS 70 SCOPE OF CASE
State Declares Assumption Be-
fore Court Defendant is
Still Insane.

New York, March 5.-DstriCt Attor-
ney Jerome and Justice Fitzgerald had
a clash during the Thaw case today.
Fitzgerald asked if the jury had been
empaneled in this case to try anything
except the issue whether the defendant
was insane the night he shot and killed
White.
jerome Refuses to Reply.
Jerome said he would not reply to
proposition so elemental. He also re-
fused point blank to submit any author
tiles on the subject, saying his respect
for the courts was so high he would
not presume to submit authorities on
question so elemental.
Assumes He Does Not Know.
IF you do not submit authorities"
said the justice, Il will presume you
do not know of any
Fitzgerald ended by sustaining the
objection by defense that Jerome's
questions to DR.. Wagner were too
broad.
Declares He Is Insane Now.
In the midst of the discussion as to
The admssibility of certain evidence
Jerome said the presumption before
The court that Thaw is insane now
and nothing has been adduced to show
the insane state has not continued
Crowd Called out.
New York, March 5.-The prospect
that Mrs. William Thaw the white
haired mother of the defendant might
he a witness today at the trial OF Harry
X. TnGw. tended to revive interest in
the hearing of the case Dr. Charles
G.. Wagner, superintendent of the state
hospital for the insane at Binghamp-
ton was recalled to the stand and his
cross examination continued. ThaW.
who brought his customary batch of
letters into court with him. after a
brief whispered conversation with
some of his counsel. proceeded to read
Il large number of epistles.
Is Least Interested Spectator.
He took a large pad of paper and he
gan to write a letter. He was decided
ly the least interested spectator in thc
loom.
In fact, expert testimony throughout
has bored the prisoner immeasurably
His present attitude is in sharp con
trast TO the keen interest displayed
while ms wife Was ON the witness
stand.
Can cite No Instance.
Jerome asked Wagner if he cOuIt
cite brain storm in which the Onse
took place in 10 minutes. The doctor
could not He said he could not lay
down any rule as to conduct in insan
ity. as insanity itself is unnatural
There are no two cases Of insanity o.
even of sanity for that matter, whicl
are exactly similar.
Never Cool and Deliberate.
Goodness and deliberation" did IT.
accurately fit any case he had eve
known. This statement was brough
out by Jerome by seeking to secure ;
direct answer from the witness that ht
had observed case of brain storm o
mental Illumination in which the pei
son committed acts of violence wit,
calmness.
You could tell what was going on il
the defendants brain except what wa
apparent to the eye. could you?'
No"
Now. was there any single thing il
the hypothetical question indicative q
brain storm?"
Il can't tear the hypothetic questio
TO pieces that way
Not individually. Hut Collectively.
Then | will tear it to pieces fo
you, said Jerome. The district alto
ney proceeded to read extracts froI
the question and asked if they indiT.C
ually suggested a brain storm. Wa:
ner said collectively the facts indica
ed a mental Illumination and an extrt
ordinary state of mind
Jerome said he was tracing to fin
cut whether the shooting itself was
such nature as to indicate insanit
Hes then read again that part of Ii
hypothetical question which describe
the killing and events Immediately pr
ceding and following ii.
Offers New Hypothesis.
Now, doctor. take these facts al
add to them the fact the defendal
knew White had gravely and repeate
ly wronged his wife. and that this WI
he first time he had had opportuni
TO approach White without being O
served, and tell me whether YOU TIM,