Waterbury evening Democrat., 1907-02-05
That is His Opinion of Thaw When He Shot White on Inc
 Roof Garden
IT WAS STRICKEN OUT
Owing 10 An Error in Answering the Question Justice Fitzgerald Says the Matter Must Be Gone
 Over Once More.

New York, Feb 5.-Experts on in- sanity and handwriting witnesses and jurors came to the Thaw trial to-day muffled to the eyes in great coats and furs. A blinding snowstorm which began early last night continued to- day with unabated fury and the paths to the entrance of the criminal courts building led through drifts fully two feet deep.
 The order for the exclusion of all witnesses which on yesterday drove Mrs Harry Thaw and Mrs William Thaw from the court room, remained in force to-day, with the result that the second row of four chairs just back of the prisoner which hereto fore have been reserved for his fam lily had been turned over to those whose business gave them the priv ilege of attending the trial.
 Josiah Thaw was the only member of the defendants family in court as the morning session began.
 Harry Thaw on entering seemed to miss the smile of welcome which each morning in the past his wife had be- slowed upon him.
 District Attorney Jerome was late in reaching court owing to the storm and the opening of the session was delayed ten minutes. MT Jerome smilingly made his excuses to Justice Fitzgerald.
 Dr c. c. Wiley of Pittsburg, the Thaws' family physician, was called as the first witness for the defense. Dr Wiley in response to questions by Attorney John B. Gleason of Thaw's counsel, said he had devoted much of his life to . study of insanity and that he had served as an expert in a large number of cases. Dr Wiley is connected with the Dixmont insane asylum. ytf
 Df Wiley was asked to state his recollection of an incident in 1905 in which Harry K. Thaw was con cerned.
 "In the summer of 1905," said the witness, II was passenger on a street car of the Fifth avenue line in Pittsburg when Harry Thaw came in. Without any apparent reason Thaw rushed for one of the blinds to a win dow, drew up the blind. slammed 1t down again and then drew it up once more. He had quarrel with the conductor"
 What was Thaw's manner?"
 Tt was defiant, vague and his eyes flashed from right to left in this way"
 Dr Wiley illustrated with his eyes.
 "As an expert and from your per- sonal observation can you say wheth- CT his actions were rational or ira tional?"
 Irrational"
 Mir Gleason here formed a hypothetical question in which he outlined Thaw's act of killing Stan ford White on the Madison Square roof garden. and coupled with 1t the interrogation as to whether the wit ness could express an opinion of such an act committed by the person he saw in the Pittsburg street car.
 T can," said Dr Wiley.
 Will you express that opinion?"
 My opinion Is that the man who committed the act described was suf- fering from insanity" the witness re- piled.
 Dr Wiley's opinion as to Thaw's in- sanity based on hypothetical question covering killing of Stanford White has been stricken out on the ground that the expert did not base his opin- ion entirely on the hypothetical ques- tion. Justice Fitzgerald ruled the matter must be gone over again.
 Dr Wiley was on the stand again after lunch hour. District Attorney Jerome put the witness through the most severe cross examination ever heard in a New York court room. The prosecuting attorney seemed to have every medical authority at his finger tips. Are you nearly through?" in- auired Justice Fitzgerald of the DIs- trict Attorney. No indeed. your honor," replied Mir Jerome, q am just getting interested in the sub a~..k