New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-02-06

o-And it did seem to you that that statement.
$50, then, your opinion is not based exclusively
the hypothetical question. but on the added as
danger? A-My- opinion is zed. as I have said
before. and reiterate it, on the hypothetical ques
Q.-And your assumption that she In no dar-
have assumed that? A~No. I have not. I have
said Il you can prove TO the contrary Will take e, IT.
to assume it. are you? Al think it is safe to as
$50 that therefore. you read into the question
not only the statements Of counsel. but that as
the answer that assumption.
Mr.. Gleason called as his second witness DR..
John Franklin Bingham, physician. of Pitts
burg, who for thirty years has been a family
physician to the Thaw family. He said that he
treated Harry Thaw first when he was two or
three years old. He had children's diseases,
among which were measles mumps. whooping
cough, ST Vitus's dance and scarlet fever. Con-
tinung the examination was:
Q.-Now, Doctor. when you first saw him in any
one of these diseases did You notice what his ner-
vous condition was? Ale has always been or
highly nervous temperament
TFAw HAD ST vITUs's DANCE.
o-How was he with reference to being wakeful
when quite young? A.-slept quite badly, and they
had to do nursing good deal of the night. so much
SO that they had relays-two nurses-and his mother
would take of him part of the time. -
vifuss dan e% %sFor ''G perod Of some weeks
an You cendtons with Reference to
neurotic temperament? A.-Weli, he is highly ner-
vous; his condition would be probably termed
neurotic temperament condition
Odd this condition appear IN the dineIent as
A-Yes, sir
There was no cross examination, except two
unimportant questions relative to st. Vitus's
dance
The third witness met with rebuff. He was
Benjamin Boman, resident Of Brooklyn, who
was called to testify to conversation he had
with Thaw on January %. 1905. in Sixth avenue
Mr.. Jerome objected to the examination on
grounds of ncompetenCy and immateriality.
Mr. Gleason urged the introduction of the tes-
timony but the court excluded it. The court
made a provlso. however, saying that if the de-
fence could produce any ruling where such tes-
timeny was introduced he would give them the
opportunity. Mr.. Gleason wished for an adj
journment at this point, but the court desired
to continue for another hour, and A Lee Thaw
was called.
Mr. rhaw is a Virginian. a third cousin OF
Harry Thaw, his father and William Thaw hav-
ing been first cousins Mr.. Gleason tried TO
bring out the disease Of which his father died,
but again Mt Jerome objected. He said it was
easily understood why the defence desired such
testimony but pointed out that the father Of
the witness was not a collateral ancestor. Mr.
Gleason argued that the fathers came from the
same common ancestor, and any faint would
be material. Again Justice Fitzgerald decided
against the defence, giving the same ruling that
II presidents were produced allowing for the
admission of such testimony he would allow the
witness TO testify. Mr. Thaw was ordered 10 be
present this morning and Mr.. Jerome said he
would want TO cross-examine him.
THAw NOT BRIGHT Roy.
The last witness of the day was DR. John T.
Deemar a family physician Of the Thaws He
said he treated Harry Thaw when he was eight
or nine years old Thaw's mental condition at
that time he said. was weak
He was asked n he knew John Ross. son Of
Washington Ross and Margaret Copey Ross.
and said he did. Mrs Ross is a sister Of Mrs.
William Thaw the prisoners mother. Mr.. Glea
son tried 10 have the witness testify 10 the
mental condition of John Ross. but Mr.. Jerome
objected. He said the previous ruling Of Jus
tice Fitzgerald should hold Ross being "A first
cousin OF Thaw and not I'm direct line of an
Cestry Justice Fitzgerald decided I'm favor Of
the prosecution. with the same reservation as
he made IN the other cases.
Thaw seemed to be glad 10 get out Of the
courtroom. and when Justice Fitzgerald began
his warning to the jury Strengthened up, put his
overcoat bout his shoulders and waited for the
word to leave. As he left his chair he stopped
10 shake hands with DR.. Bingaman. and said 10
him: II am glad 10 you, doctor"
The trial will be resumed this morning with
continuation OF the direct evidence for the de-
fence.