New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-02-05

the earth.
STANDARD PLUNGER ELEVATOR COMPANY,
BROADWAY.
know that was wrong? Because he was i15 SUI,
fering from a disease of the brain which lnQuceu
that condition Of mind under me v9 righf
to kin Stanford White. acting under the influence
Now. What was tho cause of this mental condi-
ton Of the brain? Hereditary insanity in the fam,
lily. rhe story Of his life and the acts Of stanford
( White the conclusions II produced on the IllIu
of tho man under which it hnaliy gave way
Mr. Gleason gave q technical definition of in
sanity in its various forms and the causes for
it, His reasoning was not very clear, and the
jury looked rather mystfed at some Of
the SMILES he drew 70 give lay express
sion to medical definitions. When an act IS
in high degree irrational" he continued, tine
doubt, or suspicion Of insanity. is bound to in
trude itself. The case that we have here is as
far removed from the ordinary defence Of emo
tionsl insanity Of the defendant upon the single
act as the heavens are from the earth" Con-
tinuing. he said:
The question then occurs What made this man nan
insane? Now. having indicated 70 you what me
reasoning men now ask, is there anything in his
history that could have made him in this con
'''''+' EPILEPSY IN THAw FAMILY.
say this, gentlemen: Their" we're two things:
AGd w sb These 2o are 4f me hs IN
this mans family; to marked extent theIe Wf we're
mans temperament, in which were the seeds Of
insanity implanted that were liable to spring up,
evidence Of these facts that there was heredty in
1oonSaG 7m b So fn ns " INSANITY you'd
become reasonable one-in fact. the only one
The defence Of insanity Is founded on the ele-
he he deeds
maxim Of Roman law that mailman s punishment
1t is the rule Of the common law that the intent
OF the party Is a part of the alleged crime
Mr.. Gleason began to read from paper by Or.
Carlos F. Macdonald sone Of the alIenists for
the prosecution, regarding insanity, but Mr.. Gar
quickly objected and sustained. Mr.
Gleason shortly afterward attempted to take the
jury. I'm a fguratve sense. between the portals
of The Suicide Club" made famous by Robert
Louis Stevenson, MI Jerome again objected,
saying:
interrupt coanss o BY the most extreme consvuc
Lion OF the law he Is within his rights Gounse' IL
m to the f Is ba fyb Il. TeTY
such propositions Of law.
Justice Fitzgerald replied
It Is my desire to allow counsel all reasonable
latitude, but l think the criticism OF the District
Ing 10 State h evidence and the tme for drawing
differences and making argument f. time other
summing up smy ,9a make mis- ,. as "a suggestion
Teasonabs std sag IN bs case %'S hut 10 there H
limitation state what evidence YOU intend TO
After considerable argument the court ordered
Mr.. Gleason 10 proceed. and he did so, continu-
ing:
made is t@Sf {nG safo h Pi6
finished what was about 10 say upon the subject
seems to think that Was endeavorng to make a
different attitude position than the attitude OF
endeavoring 10 lay down for you exactly the prin-
ciples OF law.
THAW THIRTY SIX YEARS OLD
Now this young man. Harry X Thaw. IS thirty
sH s 15 a lie W THs 9o Ths 9% 6 S II
1889. His mother is Margaret CopeIy Thaw. and is |
Two cousins o. William Thsw. the children OF
Thaw, who IS now in Friends asyIum--
Mr. Jerome interrupted TO say: One mo-
men. Counsel will state no fact that will not
be adduced IN evidence. He IS dealing with
collate branch nov: he IL dealing with the
children Of an aunt"
Justice Fitzgerald declared he could not rule
upon the evidence then and once more tod Mr..
Gleason TO proceed. Counsel then said briefly
that he would produce evidence that there was
insanity on both Thaw's mothers and fathers
sides
Al liilS point Mt. Gleason begdn 10 speak !
about Thaws life, his birth and childhood and
his relations with Evelyn Nesbit. When the
awyer referred directly TO the defendant. Thaw
dropped his eyes. rested his hand his chin
ma did not raise his eyes until Mr. Gleason had
ended. Mr.. Gleason said:
We will prove to you that this was born
With what the physicians call a psychopathic tenn
that Is to say. temperament liable 10
mind diseased. what We would call I'm our general
way, highly nervous temperament. The slightest
hing would awaken him. He did not awaken nat
ually like other children. but arose with a start.
Re had commissions In his early youth He was a
ictlm OF unnatural awakeuiugs. We Will
o Ind that this man had insane heredity, and
hat he mad temperament liable break forth |
nto insanity If the seeds of insanity APP
jled.
This young man met Evelyn Nesbt in 1901 lie
aw her from time 70 time. and fell in love with
Ter Gentlemen. he loved that young woman with
IS honorable love any one in this room has loved
woman whom he would choose to be his wife.
lie went 70 the mother Of this girl in March.
N} and told her that he wished marry her |
laughter II he could gain her affections
The daughter had severe operation and was
ontned In sanatorium in the spring OF 1893. Ii |
vas arranged between Mr.. 1haW and the mother |
hat the mother should take the daughter TO En- |
ope for the purpose of rcRainluE her health and |
hat Mr.. Thaw might accompany them and he dii |
lowed sutton for the hand Of her daughter lie |
ook Miss Nesbit in London to visit his own sister
'ho was then residing there and who Is now here |
n court
EVELYN .NEsRIT REFUSED TITAW
In June. 1908 he asked hor to marry him and
he refused. Now, g~utepleu. the circumstances |
that refusal, reasons that she gave for mar | ,
etusal you VIII learn from her lips. | do |
OF consider that IL IL within the province OF an |
pening address for me To endcavOr To state the !
etais Of the facts which Will he put before me | ,
irys but ! do understand that It is highly proper
WI tell !