The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1907-03-06
Jerome Startles Defense by
His Assertion of the Law
on the Facts
TIFF WITH PRESIDING JUDGE
Has DR.. Wagner, AIienist, On
stand for Two Days Concerning
Secrets Of Insanity.
BATTLING NELSON'S COMMENT

New York, March 6.-Battling
Nelson, the pugilist, was spectator
at the Thaw trial this morning. He
ATTRACTED attention. His comment
was: "Thaw should be given medal
for what he done" Assistant District
Attorney Garvin said Mrs. William
Thaw, mother of the defendant,
might not be called to the stand to-
day. He intimated Jerome would
take up much time in cross-examina-
tlon Of Or. Wagner.
Wagner was called for cross-ex-
animation. Jerome plunged into the
secret of insanity analysis with char
acteristic vigor. DR.. Wagner said
during his testimony that insane peo-
pie often tell of persecution when
they have no knowledge of right or
wrong.
Jerome concluded the cross-exam-
ination of Wagner at noon. Just be-
fore releasing the witness Jerome
took a new tact making an effort to
show that Thw WIS intoxicated when
he killed White. Wagner, however,
gave the district attorney no satisfac-
tion along this line. Mrs. William
Thaw was called as a witness at the
fternoon session.
Thaw Is Insane Now.
Interest which was aroused in the
Thaw trial by the announcement That
Mrs. William Thaw mother of the de-
PENDANT, would take the witness
stand, was quickly dulled by the
continued REORGANIZATION of Or.
Wagner one of the alienists for the
defense by Jerome. Wagner was on
the stand the entire day and when
adjournment was announced, the dis
trict attorney seemed TO have much
ground yet to cover with the expert.
Mrs. Thaw was present in the wit
ness room waiting to be called. but
she may not be reached before late
tomorrow or Thursday
jerome and Justice Clash.
While decidedly dull in the matter
of testimony ELECTED from the wit
ness, the session was made notable
by clash between Jerome and JUS
Itice Fitzgerald. at the climax of
which the prosecuting officer refus-
ed point blank to cite to the court.
authorities upon which he was con-
ducting an argument. Jerome was re-
quested by the presiding Judge to
submit to him Whatever authorities
he had upon the subject.
81 have such high respect for the
courts of this Jurisdiction" retorted
Jerome, that l will not submit au-
thorites on a question of law which
is so elemental in character and up
on which authorities are so abund-
ant that I must presume the learned
court knows of them"
With flushed face and sharp rap
of his gavel, Fitzgerald said If the
district attorney did not submit his
authorities. the court would assume
he did not know OF any. Jerome did
not submit the authorities and Fitz-
gerald ruled in favor OF the defense
on the point at issue. which, briefly
stated, was question as to wether
the state on cross examination should
be allowed to go further with the ex-
pert witness than the counsel for the
defense was allowed to go upon di-
rect examination.
judge Rules for Defense.
During The course of his argument
the district attorney placed himself
on record by saying that the legal
assumption before the court today is
that Harry X Thaw is insane. He
declared the alienists for the defense
shown Tnaw to have been insane as
late as September %, last. and in
absence of proof to the contrary, the
assumption is that he remains in
sane.
Fitzgerald declared the present ju-
ry only has to do with the question
of Tnaw's sanity or insanity on the
night he shot and killed White.
Wagner was allowed to give HIS
conversations with Thaw during the
period he believed the defendant to
be of unsound mind. He said Thaw
remembered having approached and
having shot white.He protested how
ever he mad not intended at any time
to kill the men but wanted to have
him legally punished.