The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-02-07

uue 10 the general car shortage, through
out the country and would gladly apply
a remedy If it felt that authority was
vested in It under existing law to do so.
We are writing the Southern Railway
company, calling their attention to the
complaint and trust that some steps may
be taken by them to relieve the situation
in that territory"
ness is a competent expert, let the ques-
ton be, Was he sane or insane? That
is the point at issue"
Mr.. Delmas quoted an authority to sup
port his question, but the district attorney
commended that the decision quoted has
been superseded by later opinion. There
upon the court ordered a recess until 2
clock, during which time the attorneys
We're to consult authorities.
Boman Served.
Immediately after Witness Boman left
he was served with a subpoena for the
prosecution. Counsel for the prosecution
declared that Boman will not be per-
mtted to leave the Jurisdiction of the
court If it can be prevented. For the first
time since the beginning of the trial the
courtroom for the afternoon was crowded
10 It's utmost capacity by the public, a
| large number of whom were women. JUS
t1ce Fitzgeralds warning of the morning
well shock their sense of proprety
seemed to increase the number rather
than decrease the number of women who
| sought entrance to the courtroom.
| Women who came from idle curiosity
had no difficulty In passing court officers,
to whom they gave a friendly nod, while
reporters and others whose business called
them to the trial had trouble in getting
within the doors The women were out
| in all their matinee fnery, displaying
every color imaginable.
As Harry Thaw entered the courtroom,
accomanied by the guard, the women
| turned and craned their necks to obtain
a sight of his pallid face and a whisper
| and rustic of silk passed around tho
room, which brought forth a sharp rap
from a bailiff's gavel.
AS soon as Justice Fitzgerald appeared
Mr.. Jerome took up the argument again,
allowing Witness Green to answer the
questions as to whether in his opinion
Thaws manner, after shooting White,
| was rational. The district attorney cited
half a dozen decisions which he declared
upheld his contentious that Green was
not a proper witness to testify as To
| Thaws mental condition.
Justice Fitzgerald overruled Mr..
Jerome's objection and Mr. Green was
| directed to answer the question.
Irrational Says Green.
'Thaws actions were irrational" he
declared.
Mr.. Jerome toop up the -examina-
ton.
Have you ever had any experience
with insane persons?'
mo SIR"
On being further questioned, Mr.. Green
| said he had not had any previous ex-
perience with such tragedies and that he
he did not pose as an expert
BY your testimony were you charac-
terizing Thaws mental state or his
conduct" asked Mr.. Jerome
His conduct"
Mr.. Green said that he was at tho
garden for pleasure, but that he wrote a
story of the tragedy which was published
| in his paper the following afternoon.
Mr.. GreeA stated that he was attempt
ing To give his impressions as they were
formed at the time of the shooting. He
said that he had heard and discussed,
also written great deal about the case.
He had a very pronounced opinion in the
case, but did not think 1t had influenced
his writings. He said he wrote but one
article on his own Information, the others
all on facts as telephoned into his office
by reporters.
did your stories contain any STATE
ments which were neither based on facts
from your reporters or from your own
personal knowledge?"
mo sir"
| Mr. Green was released.
Thomas McCaleb, who was one If
Thow's companions at dinner the evening
of the tragedy, next was called to the
witness stand. McCaleb is well set-up
young man of smooth face and light
brown hair He said he is from San
Francisco McCaleb said he was also
with Thaw on the Madison Square roof
garden.
WHO were in the party?'
"Mr. and Mrs, Harry Thaw, Truxten
Beale and myself"
what time did you reach the roof
garden?"
about $50 D. m"
Describes Tragedy.
The witness described where the party
sat.
when did you leave the roof"
During the second act. I was walk
ing out with Mrs. Thaw and just as we
reached an archway three pistol sho.s
struck upon my hearing"
Was Thaw with you and his wife, or
was he behind your"
1--WE were in the lead of the party.
don't know where Thaw was. When
heard the Shots I tudned around and
heard Mrs. AIRY Thaw exclaim:
MY God. he's shot" There she stood
pale and trembling and apparently as
tonished The next thing I remember was
but mark you, ! did not see it my
self"
Tell us what you saw" corrected Mr.
Delmas.
"Well, the next thing I saw was Thaw,
standing with pistol held over his head.
The butt of the pistol was up
(which hand was the pistol in?"
81 don't remember"
"What else?"
Mrs. Thaw exclaimed oh, Harry
what have you done? Why did you do It,"
He said 4 have saved your life Then
he kissed her. lie also said otner things,
but I'm the all-pervading excitement of
the place l did not hear them.
Until ! turned to Mr. Beale and said.
He has killed man. I did not know
who it was. At the sidewalk Thaw was
turned over TO a policeman
He said to me: Take my wife to the
Hotel Lorraine and telephone Carnegie"
81 could not understand the first name"
From what you saw and heard. was
Mr.. Thaw in your opinion. rational or ir-
rationale"
Irrational"
Mr.. McCaleb said he and Mr. Beale
dined with Mr. and Mrs Thaw on the
night of June % at the Cafe Martin
During the course of that dnner?"
asked Mr.. Delmas, did you notice any
sudden change in the appearance of the
lady?"
Mr.. Jerome objected and sustained.
did you notice any communication he
tween Mrs. Thaw and her husband at the
table," asked Mr.. Delmas
II remember she asked him for a pen