Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1907-02-06
THAW WAS INSANE
AT TIME or KILLING
So DR., Wilev, Pittsburg Alien.
ist Declares.
FIRST WITNESS FOR DEFENSE

Aids Counsel in Plea that Thaw Was
ponsibIe-Thaw's Wife and
Mother to Take the Witness Stand
Later.
New York, Feb. 5.-Experts on
insanity and handwriting witnesses
and Jurors came to the trial Tuesday
muffled to the eyes in great coats and
furs, Monday nights storm ccntinu-
ing with unabated fury.
The order for the exclusion of all
witnesses from the cour, room re-
mained in force with the result tha7
the second row Of four chairs just
back of the prisoners, which here
tofOre has been reserved for his fam
lily, had been turned over to those
whose business gave them the privi-
lege 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
bestowed on him.
District Attorney Jerome was late
in reaching court, owing to The storm
and the opening of the session was
delayed ten minutes.
DR.. c.. c. Wiley, of Pittsburg. the
Thaw family's physician and who is
connected with the nixmont Insane
asylum, was called as the first wit
ness for the defense. DR.. Wiley
in response to a question by John r .
Gleason, of Thaw's counsel. said he
had devoted much of his life to a
study of insanity and that he had
served as an expert in a large num-
Der of cases.
DR.. Wiley was asked to state his
recollection of an incident in 1905
in which Harry Thaw was concerned
In the summer of 1905, said the
witness, | WAS a passenger on a 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 window, drew
up the blind, slammed it down again
and then drew ii up once more. He
had quarrel with the conductor. "
What was Thaw's manner?"
'It 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-
er his actions were rational or IRA
tional?"
Irrational. -.
Mr. Gleason here formed a hypo-
thetical question on which he outlin-
ed Thaw's act of killing Stanford
White on the Madison Square roof
garden and coupled with it the inter
,rOgation as to whether Sthe witness
could express an opinion on such an
action committed by the person he
saw in the Pit5sburg street car.
81 can" said Dr. Wiley.
"Will YOU express that opinion?"
Il believe that hat man Dis
trict Attorney Jerome objected.
You must not state a belief" " said
Mr.. Jerome, that is not evidence
You must give an opinion "
My opinion said DR.. Wiley. "is
that the man who commit ed the act
described was suffering from insani-
ty."
Dr.. Wiley's opinion as to Thaw s
insanity based on hypothetical ques
tions, covering the killing of Stanford
White, was stricken out on the the
ground that the expert did not base
the opinion entirely on the hypothej-
ical question Justice Fitzgerald
ruled the matter must be gone over
again
Attorney Gleason re- formed the hy-
pothetical question, jhis time basine
it on the law of insanity as laid down
by the statutes Of the state of New
York. Dr. Wiley again declared
he was competent to answer the oues
ton
What is your opinion based on the
form Of insanity as laid down by the
law of this state?" asked Mr.. Gleason
"The act was that of an insane
man"