The Richmond palladium. (Richmond, Ind.) 1906-1907, 1907-02-06

a retreat is not legal proof of insan-
ity. More competent testimony than
that is required by the law.
We oppose, then, because this ev-
idence is both irrevelant and incom-
petent.''
The district attorneys objection was
sustained.
There does not seem to have been
before the appellate court the exact
matter presented by counsel" said
Justice Fitzgerald. Il will sustain the
objection at the present time Coun-
sci may submit authorities at any
time during the trial and / will give
the matter my fullest attention. 1t is
clear that when other lines mingie
with the line of the defendant and
there appears insanity in one of the
members of the family it is not OF
itself a proof that the faint was in
herited from that line to which the
defendant belongs. The faint may
have come from some other source
than that from which the defendant
sprang."
Justice Fitzgerald said he would al
low the defense to recall the witness
if authorities were later shown him
by counsel sustaining their conten-
ton.
Il will ask your honor, then, to al
low me to ask the witness this ques-
tion,' said Mr. Gleason. did you see
your father in an asylum in Rich
mond in 1852"
An objection to this question by
Mr. Jerome was sustained by the
court.
DR.. Benjamins testimony was heard
as soon as Dr. Wiley had been excus-
ed. He made a fairly good witness
for the defense. Dr. BENJAMIN said
that he had known the defendant and
Mrs William Thaw for about thirty
years and that he had been their fam
lily physician.
Odd you attend Harry Thaw in
his infancy?
Ayes.
Q.-When did you first see him?
A.-When he was or years old
Q.-What was his complaint?
Ale was very nervous.
Q-When you first saw the defen-
dant did you notice anything about
his nervous temperament?
Ale was very nervous. He slept
very bad.
Q.-How long was he subject to ST.
Vitus dance?
A-For several weeks.
Q.-Describe to the jury the cause
and nature of the complaint
A.-HiS eyes were crossed and
there was twitching of the nerves
of the body.
The witness was taken in hand by
Mr.. Jerome.
Q.-How old was the boy when he
had st. Vitus dance?
About six or seven.
Q.-Have you been his family ply
stefan since three.
Ayes.
To show that Thaw by his CONVEX
sation indicated that he suffered from
delus.ons in 1904, Benjamin Bowman
Brooklyn telephone operator, was
called after DIR. Benjamin. He did
not get very far in his testimony be-
fore he was barred out
Odd you ever have any CONVEX
sation with the defendant?
Ayes. About January Is, 1904,
at Eighth avenue and 2Sth street.
Q.-State what the conversation
was
This was objected to by Mr. Je-
rome on the grounds that the CONVEX
sation was incompetent.
1t is competent as introducing a
statement of fact calculated to intro
duce the mental condition of the de-
PENDANT, said Mr. Gleason. He cited
rulings in similar cases to substanti-
ate his contention that the question
should be allowed.
Il will sustain the objection made
by the district attorney" said Justice
Fitzgerald. AT any time you may
be ably to renew your question If
you are able to show legal right to
do So
Mr.. Gleason sought an adjournment
when Bowman was excused, but JUS
tice Fitzgerald said that court would
sit until five o'clock and Alfred Lee
Thaw was called to the stand. At
the conclusion of his testimony DR..
John d. Deemar, of Kittenang. Pa,
was called. He was questioned by
Lawyer Gleason.
Q-How long have you known Har-
ry X. Thaw?
A..Twenty-five years.
Q--What did you attend him for?
A.-For an eruptive disease.
Q.-How old was he then?
Anime or ten years old.
Q.-How did it affect him?
Alt made him nervous.
Odd you know Harry A. Cope |
lIrc
Ayes. He died in 1889.
Q.-What was his condition?
A.-His mental condition was
weak.
Q.-When did you see him?
Am 1883.
Q.-When did he die?
AIN 1889.
Odd you ever attend John Ross, |
son of Margaret Copeley Ross. who /
was sister of the mother of this |