The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-02-06


proving to a jury that Harry Thaw was
insane-through heredity and mental
stress-when he shot and killed Stanford
White was taken up today by the defense
In this famous case, but when ADJOURN
ment was announced later in the after
noon, it was the general opinion in the
courtroom that but little progress had
been made.
Thaw's attorneys endeavored in vain
to place before the jury evidence tending.
1t was said, to prove strain of insanity
In the collateral branches of the defend
ants family, but they were blocked at
every point by District Attorney Jerome,
whose objections were upheld by the rul-
ing of Justice Fitzgerald.
The defense managed, however, to set
before the twelve men in the box the
testimony of an expert that in his opin-
ion Harry Thaw was suffering from
Insanity the night of the tragedy Mr..
Jerome undertook to break down the
evidence of the alienist-Dr. C. c. Wiley
of Pittsburg-and for three hours put him
through a cross-examination as severe as
deny ever heard in New York court.
Relentless Attack.
The prosecution was relentless In his
attack and before he had finished DR..
Wiley protestingly declared;
II did not come here as an expert, 1
came as a witness to a fact, and l have
been converted into an expert without
being prepared for it,
The district attorney astonshed every
one by his intimate knowledge of medi-
cine and its technical phraseology, DEM
onstrating the care with which he had
prepared himself to meet the very de-
fense which Thaws counsel have en-
tered in his behalf. Mr.. Jerome search
ingly inquired into DIR. Wiley's record as
a physician and as an expert on insanity.
lie hurled volleys of technical questions
at the witness, who at times sat mute
and at other times declared he could not
answer, or gave evasive replies. Often
he brought upon himself sharp warning
from the district attorney to make reply
and not an argument.
DIR. Wiley testified that he predicated
his opinion as to Thaws insanity up)n
his actions the night of the tragedy, as
described to him in a hypothetical ques-
tion propounded by the defense, and upon
an incident which he witnessed a
Pittsburg street car during the summer
of 1905. Thaw. said the doctor, acted
irrationally on the car.
"Have you ever examined this Defend
ant with any of the recognized tests OF
insanity%' asked Mr.. Jerome.
mo-" replied the witness.
mo" replied the witness.
"Have you ever conversed with him?'
NO"
Not Single Acts Insanity.
The district attorney then Dire wfrom
the alienist the opinion that Thaw's acts
on the Madison Square roof garden, when
he killed Stanford White were not acts
of insanity when taken singly, but con-
stituted evidence of insanity when con-
sidered collectively. At times Dr. Wiley
seemed entirely baffed by the questions.
He hesitated at each and before he could
answer Mr. Jerome had formed another
replete with impressive sounding tech
nicl terms and apparently offering a
problem no less difficult than its prede-
cessor- The witness admitted that many
of the tests to which the district attor-
ney referred. such as the Romberg test
and the Argyli-Robertson pupil test,
were unknown to him, and when he was
asked to quote from any accepted work
on insanity, declared he could not give
the exact language from any book
Mr.. Jerome's knowledge, however
seemed never to run dry. He carried his
cross examination through practically
the entire morning session, and for an
hour and twenty minutes after luncheon
continued to ply the witness with all
manner or questions. 1t WAS necessary
for the bailiffs several times to rap down
the outbreaks of laughter. Thaw's coun-
sci sat silent and without protest as Mr..
Jerome drilled the first witness for the
defense Thaw himself seemed to take
hut little interest in the cross-exanina-
tion at the outset, but later began to
take notes and was often in earnest con-
versation with those of his counsel who
sat nearest him. At times Thaw could
not altogether suppress the suggestion of
a grin at the keenness Of some Of Mr.
Jerome's questions, and the subtle humor
they so thinly concealed. But before the
close of the day Thaw seemed to worry.
He bit his finger nails and seemed anx-
ious for the doctors ordeal to end. His
attorneys appeared bit puzzled at this,
but evidently determined to give the dis
trict attorney the widest liberty
Try to Show Heredity.
II was at the close of Mr. Jeromes
cross-examination of DIR. Wiley that the
attempt was made to introduce testi-
mony tending to show the strain of in
sanity said to have existed In certain
branches of the Thaw family. Among
the witnesses called was Albert Lee
Thaw, of Richmond Va, who said that
his father and Harry Thaw's father were
first cousins. The defense stated its pur-
pose to draw from the witness the fact
that his father died in an asylum for
the insane. when Mr. Jerome objected.
He declared that the relationship Of both
the witness and his father was too far
removed from the defendant to be COM
petent and ''the law" he added, lis not
satisfied that a man is insane merely be-
cause he dies in an asylum or a retreat
for persons suffering from mental dis
erders-
'.yhs fact that man dies in an insane