Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-02-06

duce testimony tending to show that a
strain OF insanity has existed in certain
branches Of the Thaw family. Among the
witnesses called was Albert Lee Thaw OF
Richmond. va. who said his father and
Harry Thaw's father were first cousins.
The defense stated its purpose to draw
from the witness the fact that his father
died in an asylum for the insane. when Mr..
jerome objected. He declared that the re-
lationship Of both the witness and his
father was too far removed from the de-
PENDANT to be competent.
And the law" he added, rs not salts
fed that a man is insane merely because
he dies In an insane asylum or a retreat
for persons suffering from mental disor-
ders. The fact that n man dies in an
Institution such as that conducted by DR..
wiley. the eminent specialist we had on
the stand today. for instance. is no proof
that he was insane. There must be COM
petent testimony TO the fact"
Justice Fitzgerald upheld this view OF the
matter. saying however, that his ruling
was subject to revision II the attorneys
for the defense could cite authorities on
the subject.
Mr. Gleason, who alone conducted the
case for Thaw today, did cite some cases,
but promised to have more. authorities in
court tomorrow.
HearsRy Evidence Ruled Out.
The defense next introduced Benjamin
Boman, who testified that in January, 1904,
he had conversation with the defendant.
He was about to tell what the CONVERSE
ton was when Mr.. Jerome interrupted,
declaring a conversation so far back was
not relevant or material. Justice Fitz-
gerald again called on Thaw's attorneys
for citations OF authorities covering the
introduction OF testimony of the character
proposed.
I'VE did not expect to reach this witness
today" explained Mr.. Gleason. land /
have not my authorities here" Justice
Fitzgerald sustained Mr.. Jerome's objec-
ton and the witness stepped aside.
Family Physician on stand.
Dr. c. II. Binagman of Pittsburg, who
has been family physician of the Thaws
for thirty years, took the stand and testi-
fed that he had known Harry Thaw ever
since his infancy. He had treated him
once for st. Vitus dance. He seemed to
be a lad OF highly nervous temperament
and slept badly at night, said the witness.
Mr.. Jeromes cross-examination was
brief
| How old was the defendant when he had
st. Vitus dancer" he asked
Seven"
That Is all, doctor"
! DIR. John f. Deemer of Kittaning. Pa.
the family physician of the Copleys, Mrs
William Thaw, the prisoners mother, hav-
| ing been Miss Copley, was the last wit
ness of the day. He was called to testify
as to the mental condition of John Ross
cousin of Harry Thaw, when Mr.. Jerome
objected. Justice Fitzgerald held that until
the defense's authorities on the introduce
ton of testimony as to collateral insanity
were presented he thought It best to rule
out all such testimony for the time being
1t was at this point that the adjournment
until tomorrow was ordered
Trouble Among Thaw's Lawyers.
Scarcely had court adjourned when Their,
was conference OF the defendants coun
sci and il became known that certain of tn,
attorneys were not well pleased with tn,
| days developments Dolphin NJ Delmai
upon leaving the court room had declared
fatty that he was dissatisfied with tn,
days proceedings and intimated that h,
was surprised that the conduct of the de
Tense, for the day, had been intrusted t
John b. Gleason rather than to himself
DR. Charles c. Wiley, the Pittsburg ply
| sician, who testified for the defense anC
was so sharply cross examined by Distric
Attorney Jerome, should not have been pu
on the stand today" Mr.. Delmas said, IAN,
perhaps should not have been put on TIN
stand at ALL
II expected to go on and conduct tn
case today" Mr.. Delmas added. 1T wa
surprised that Mr.. Gleason should hav
done It,"
1t has been rumored in the court room
that Thaw was pleased with Mr.. Gleason
address to the jury on Monday and tina
he directed that Mr.. Gleason should TAX
charge of the case today.
Thaw's attorneys were closeted at At
torney McPike's office well into the even
ing but nothing definite as to what trans
pired was made public.
McPIke Declines to Talk.
i When after the lawyers had left, MI
McPike said:
THE lawyers for the defense held a con
ference at which the plans were gone over
There was really nothing of importanc
done"
viii Mr.. Delmas withdraw from the cas-
tomorrow morning IL Mr.. Gleason continue
the examination
"As to that" replied the lawyer, 'yo
. will have to wait until court opens an
see for yourself what goes on. 1 can sa
nothing about it at the present time"
Mr.. McPike was then asked II he wa
satisfied with the manner In which tn
case had been conducted so far. He re
piled:
Really 1 don't care to say anything
What will be done will be made known to
morrow morning and you will have to wal
until then"
After the trial had adjourned lawyer Nc
Pike visited Thaw In the Tombs He talke
with the prisoner for about fifteen minute
and when he left he refused to make an
statement.
Later a note was sent TO the nrisnne