New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-06

J %+M examine them during recess
REFUSES no SUBMIT AUTHORITIES.
'''So, sir" replied AIr. Jerome, u VIII not sub
init to any court Of law before which I appear
authorities 10 support that doctrine Of the pre-
sumption CT the continuance which have enun-
GATED"
We'll, are there no authorities:' asked the
court
They are abundant, SO elementary. that
] am forced 10 assume that The court will take
srdic.al notice Of them. and ] will not submit
theai," was Mr.. Jerore's reply.
'"rhea YOU have no further argument" asked
the justice.
Yes, sir. I have further argument" replied
tho District ATTORNEY.
Then proceed. You decline 70 furnish the
court WI. authorities on the point you are ar
gHing on the ground that The authority is so
abundaI-. continued The court.
rome.
Z presume there IS no discourtesy meant"
ssia che court
There Is no d!scourtesy intended sir re-
piled lie prosecutor. 1T is the reverse. 1t is
9'soause have respect for the courts that VIII
not submit TO them authorities on a proposition
60 elemental. Now, viii resume my argument
with your honor's permission"
THE COURTS REBUKE.
And I wish. in resuufing the argument. YOU
would bear I'm mind that Il is tFle duty Of the
court 10 construe and 10 declare the law. and
20 pass upon questions Of evidence, and state
10 you now that If you have any authorities on
fh;s matter l would like to have them before
] pass upon il. and 7 viii assume that II YOU
have not got them it is because you don't know
of them. Now proceed" were The last words
OF the argument.
Several points considered more or less i'm
portant were brought out by the District At
torney during the day TO show Thaw's mental
condition at various times. DR. Wagner was
asked if II was the usual thing in a case Of
brain illumination, brain storm" 10 APP
l'roaeh The victim in a way showing no agita-
fion
Il cannot give any hard and fast rule re-
ped The alienist, TO govern the actions of in
sane individuals. Impulses come very quickly"
Late in the afteHnoon Mr.. Jerome pinned The
witness down to- positive statements about
Tha"'s mental condition in the Tombs on Sep
tember ls and % DIR Wagner said that the de-
PENDANT Was then ana There insane" Mr.. Je-
rome tried TO build up a foundation so that he
coulG demand OF the witness that he tell the
conversations that took place on those dates
Mr. Delmas strenuously objected and after an
other argument was sustained and Mr.. Jerome
had 10 desist.
VI.
Wagner was asked about the appearance Of
Thaw in court. Particular attention was paid
10 the appearance Of Thaws eyes at the pres
ent time, and Dir. Wagner was asked if they
showed the same peculiar glare" which he had
found in them on his visits at the Tombs Again
the witness could not be trapped into an ad-
mission as he eyaded the question by saying he
had not given the defendant any examination
since he had appeared IN court.
THAw NORMAL IL COURT
DR. Wagner however. after Mr. Jerome per
sisted IN asking questions on that line said:
When saw him September % his eyes
had an insane appearance while in court here
they seemed 10 be normal"
Mr. Jerome tried 10 get an admission froro
the witness that his opinion as to Thaw's in
sanity on June - was superinduced by The
family history q the defendant. The alienist
said the Inquiry into the family history Of Thaw
did not produce any information of value in de-
termining the mental condition OF Thaw the
night he killed White
Do you think the will and codicm Indicate a
paranoiac form of insanity" asked the District
No. ] wouldn't characterize it that way.
though the decisions he had bore some resem-
Dlance 10 the paranoiac form"
Would the viii and codieil alone indicate
tat the writer insane?"
I think tina; there is enough in the will and
writer was of unsOund mind"
Mr. jerome continued his examination Of the
witness until considerably after the usual time
or adjournment. in effort 10 end the cross
examination. but WAS unable 10 do So II is
understood TO De The District Attorneys inten-
lion 10 keep with the witness to-day hut i'm
All probability the cross examination viii end
by noon Mrs. William Thaw II is expected viii
be called to the witness stand al the afternoon
session.
DEFENCE HAS TEN ALIENISTS
The defence has taken unusual efforts fight
any attempt on the part Of the District Attorney
10 get commission in lunacy. Besides the four
insanity experts retained for weeks. il is UNDER
stood that six other experts have been retained.
Ihey VIII be called. If found necessary. 10 cor
roborate the evidence given by the first four
alienists. 1t is believed 10y the defence that
the preponderance ~ ten aliensts for the de-
fence 20 four for the prosecution would aid IN
fighting the possibility of AIatteaWan The ev-
pendfurc for the aenists by the defence is said
10 he a remarkably heavy bin. il being estimated
III A2fHb day for the ten men.
Justice Charles J.. Gay a guest Of Justice
FlizGer2:d yesterday, and sal the bench
wiz him. More thar a dozen OF the Supreme
Court justices have attended the trial. Repre-
sentative Charles f. Liltlefied, Of Maine was a
guest of Mr. Jerome.