Los Angeles herald., 1907-02-06

witness the fact that his father died
in an asylum for the insane, when Mr..
Jerome objected. He declared the re-
lationship of both the witness and his
father was too far removed from the
defendant to be competent.
Hard to Prove Insanity
And the law" he added, sis not sat
isfied that a man is insane merely be-
cause he died in an asylum or a retreat
for persons suffering from mental dis
orders. The fact that a man dies In an
institution such as that conducted by
DR.. Wiley, the eminent specialist we
had upon the stand today for instance.
Is no proof that he was insane. There
must be competent testimony to the
fact"
Justice Fitzgerald upheld this view of
the matter, saying, however, that his
ruling was subject to revision if the
attorneys for the defense could cite
authorities on the subject Mr.. Glea-
son. who alone conducted the case for
Thaw today, did cite some cases but
promised to have more authorities in
court tomorrow.
The defense next introduced Benja-
min Bowman, who testified that in
January, 1904, he had a conversation
with the defendant. He was about to
tell what the conversation was when
Mr.. Jerome interrupted, declaring a
conversation so far back was not rele-
want or material. Justice Fitzgerald
again called upon Thaw's attorneys for
citation of authorities giving the testi-
mony Of the character proposed.
I'VE did not expect to reach this wit
ness today" explained Mr.. Gleason,
"and have not my authorities here"
Justice Fitzgerald sustained Mr.. Je-
rOma'S OhipntiOn and tha VUitnncS Sfn
aside.
DR.. John f. Deemer Of Kittaning
Pa, the family physician of the Cop
leys, Mrs. William Thaw, the prisoners
mother, having been Miss Copley, 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 Mr.. Jerome OBJ
jected. Justice Fitzgerald held that
until the defenses authority on the in
PRODUCTION as to collateral insanity was
presented he thought it best to rule out
all such testimony for the time being
1t was at this time that the adjourn
ment until tomorrow was ordered.
The Trial Begins
DR.. C. C. Wiley of Pittsburg, Thaw's
family physician who is connected with
the DiXmont insane asylum, was called
as the first witness for the defense
DR.. Wiley, in answer to questions by
Attorney Gleason, said he had devoted
much of his life to a study of insanity.
Dr. Wiley was asked to state his
recollection of an incident in 1905 in
which Harry Thaw was concerned.
I'm the summer of 1906" said the
witness, 81 was passenger on q street
car on the Fifth avenue line in Pitts
burg, when Harry Thaw came in
Without any apparent reason Thaw
rushed for one of the blinds to- Win
dow, drew up the blind. slammed It
down again and then drew it up once
more. He had quarrel with the con-
ductor."
What was Thaw's manner?"
"It was dominant. vague and his
eyes flashed from right to left"
"As an expert and from your per-
sonal observation, can you say wheth-
er his actions were rational or IRA
tional?"
Irrational"
Mr.. Gleason here formed a hypo-
thetical question on which he outlined
Thaw's act of killing Stanford White,
and coupled 1t with the Interrogation
as to whether the witness could ex-
press an opinion of such an action
committed by the person he saw in
the Pittsburg car.
Asks Hypothetical Question
The hypothetical question in full
was as follows
"Assuming, sir, that the man 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, the occasion of the opening of
theatrical entertainment which was
largely attended, and that. on coming
out of the theater with his wife near
him and apparently in quiet and
orderly manner, that the man should
turn aside and fire three shots from a
revolver into a man who was sitting