The Montgomery advertiser., 1907-02-06
JEROME MERCILESSLY
 PLAYS THAW'S EXPERTf'

-T- ' T A his ruling was subject to revisf>~ if the attorneys for the defense could cite authorities on the subject.
 Mir Gleason who alone conducted the case for Thaw today did cite some cases. but promised to have more au- thorities in court tomorrow.
 The defendants next introduced as a witness Ben Bowman who testified that In June. 1904. he had q converse ton with the defendant. He was about to tell what the conversation was when MT. Jerome interrupted, de- ciaring a conversation so far back was not relevant nor material. Justice < Fitzgerald again called upon Thaw's counsel for citations of authorities covering the introduction of testimo- ny of the character proposed.
 We dld not expect to reach this witness today" explained Mir. Gleason. and l have not my authorities here :"
 Justice Fitzgerald sustained Mir. Jerome's objection and the witness stepped aside.
 Dr. c. H. Bingham of Pittsburg, who has been a family physician of Thaws for thirty years, took the stand and testified that he had known Harry Thaw ever since his infancy. He had treated him once for St. vitus dance He seemed to be q lad of high " nervous temperament and slept badly at night Mir. Jerome's cross examination was brief.
 How old was the defendant when he had St. vitus dancer he asked
 Seven"
 That is all, doctor.y
 Dr. John E.. Deemer, of Kittaning Pa, the family physician of the Cope leys, Mrs. William Thaw, the prison CTS mother. having been a Copeley, was the last witness of the day. He was called to testify as to the mental condition of John Ross, a cousin of Harry Thaw. when Mir. Jerome ob- jected.
 Justice Fitzgerald held that until the defense cited authorities on the intro- duction of testimony as to collateral insanity he thought 1t best to rule out all such testimony for the time being It was at this point that the adjourn ment until tomorrow was ordered.
 Insanity Experts Arrive.
 Experts on insanity and handwrit- Ing witnesses and jurors came to the trial today muffled to the eyes in great coats and furs, last nights storm con- tinuing with unabated fury.
 The order for the exclusion of all witnesses from the court room remain cd in force today. with the result that the second row of four chairs just back of the prisoners. which heretofore have been reserved for his family, had been turned over to those whose business gave them the privilege of attending the trial.
 Josiah Thaw was the only of the de- tendant's family in court as tho morn Ing session began.
 Harry Thaw. on entering seemed to miss the smile of welcome which each morning in the past his wife had be- slowed on him.
 District Attorney Jerome was late in reaching court owing to the storm and the opening of the session was delay cd tsn minutes. a
 Dr. O. c. Wiley Of Pittsburg, the Thaw.s family physician. and who is connected with the Dixmont 1nsana Asylum. was called as the first wit ness for the defense.
 Dr. Wiley. in response to a question by John G. Gleason. of Thaw's counsel. said he had devoted much of his life to study of insanity and that he had served as an expert in a large number of cases.
 Dr. Wiley was asked to state his re- collection of an incident in 1906 f9 which Harry Thaw was concerned.
 "In the summer of 1905." said the witness, 'I was passenger on a street car of the Fifth Avenue line in Pitts. burg. when Harry Thaw came in. With out any apparent reason Thaw rushed for one of the blinds to window drew up the blind, slammed 1t down again, and drew 1t up once more. He had quarrel with the conductor"
 What was Thaw's manner?''
 Tt was defiant, vague and his eyes dashed from right to left in this way"
 Dr. Wiley illustrated with his eyes
 Thaw's Actions IrritionnI.
 As an expert, and from your per- sonal observation, can you say whether his actions were rational or irrational?'
 Irrational"
 Mir. Gleason here formed a hypotheti- cal question on which he outlined Thaw's act of killing Stanford White on the Madison Squarc roof garden, and coupled with 1t the Interrogation as to whether the witness could express such an action committed by the person he saw in the Pittsburg street car.
 The hypothetical question In full was as follows
 Assuming. sir. that the man. Thaw. you saw in the street car last summer was proved to you. as an expert, to have attended a roof garden. the day of June 25, 1906, the occasion of the open ing of a theatrical entertainment which was largely attended. and that on walk ing out from the theatre with his wife near him, and apparently in quiet and orderly manner; that that man should turn aside and fire three shots from a revolver into a man who was sitting at the table and to whom he did not speak; that this man then held the pIs- tol above his head and walked quiet ly toward the elevator; that he gave up the pistol without resistance and did not make any attempt to escape and that he said: He ruined my wife, and that immedia tely thereafter he said to his wife: I have probably saved your life ask you. sir, on your Judgment as an expert, whether you are able to give an opinion touching on the sanity of the man who made that answer?"
 "I can," said pr. Wiley
 "will you express that opinion?'
 "I believe that that nah"
 District Attorney Jerome objected
 You must not state a belief" said Mir Jerome. that it not evidence. You must give an opinion"
 My opinion" said pr. Wiley, "is that the man who committed the act de- scribed was suffering from insanity"
 The witness was asked to define he- reditary insanity, which he did, but when a question by MT. Gleason as to the influence of heriditary insanity was asked. it was objected to by Mir. Jerome, and the court sustained the ob- jection.
 Jerome Begins Hts Attack.
 The defense had no further questions and the witness was turned over to Mir. Jerome for ross-examination.
 Drl Wiles said that in hereditary sanity, the common blood would flow through brothers and therefore a cou- sin, the son of an uncle of the defend