Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-02-06
THAW DEFENSE is BAFFLEO
Attorneys Make Poor Showing in Attempt
ing to Prove Prisoner Is Insane,
FIRST EXPERT IS BADLY CONFUSED
Evidence to show Insanity I'm Col
lateral Branch OF Family f. Ruled
Out-ROw Among Counsel
for Defendant.

rW YORK. Feb. 5.-The task Of proving
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
hut when adjournment was announced later
in the afternoon It was the general opinion
in the court room that little progress had
been made Thaws attorneys endeavored
IN vain to place before the jury evidence
tending, II was said, to prove strain OF
insanity I'm the collateral branches OF the
defendants family, but they were blocked
at every point by District Attorney Je-
rome, whose objections were upheld by the
rulings OF Justice Fitzgerald.
The defense did, however get before the
twelve men in the box the testimony OF an
expert, that in his opinion Harry Thaw
was suffering from insanity" the night OF
the tragedy. Mr.. Jerome attempted to
break down the evidence of the alienist,
Or. c. c. wiley OF Pittsburg, and for three
hours put him through a cross-examination
e. severe as was ever held in a New York
court The prosecutor was relentless In his
attack, and before he had finished DR..
Wiley protestingly declared 81 did not
come here as an expert. l came as a
witness to a fact, and / have been con-
verted into an expert without being pre-
pared for it,
VoIIeys of Technical Questions.
The district attorney astonished everyone
by his intimate knowledge OF medicine and
its technical phraseology, demonstrating the
care with which he had prepared himself
to meet the very defense which Thaw's
counsel have entered in his behalf. Mr.
Jerome searchingly inquired into DR.
Wileys record as a physician and as an
expert on insanity. He hurled volleys OF
technical question at the Witness who al
times was mute and at other times de.
olared he could not answer, or gave evasivt
replies. often he brought upon himself
sharp warnings from the district attorney
90 make a reply and not an argument
Or. Wiley said he predicated his opinion a;
to Thaw's insanity upon his actions the
night OF the tragedy as described in g
hypothetical question propounded by tbs
defense and upon the incident which hi
witnessed on Pittsburg car during this
summer OF 1905. "Thaw," said the doctor
acted irrationally on the car, coming IL
suddenly and Jerking up one of the window
blinds, slamming It down and then lifting
II again, the while engaging in wordI
war with the conductor"
with any OF the recognized tests OF insan
ity7" asked Mr.. Jerome.
NO" replied the witness.
"Have you ever conversed with him?"
Questions Bame Doctor.
''No."
The district attorney then drew from
the alienist the opinion that Thaw's act
on the Madison Square Roof garden wher
he
OF insanity when taken singly but con
stituted evidence of insanity when con
sidered collectively. At times Dr. Vile,
seemed entirely baffied by the questions
He hesitated at each, and before he hal
answered, Mr.. Jerome had framed anothe
query replete with impressive soundin
technical terms and apparently Offering
problem no less difficult than it's prede
cessor. The witness admitted that man
of the tests to which the district attorne
referred, such as the Romberg test an
the Argyll Robertson pupil test. were IN
known to him, and when he was asked t
quote from an accepted work on insanit
declared he could not give the exact Ian
guage from any book.
Mr.. Jeromes we'll of knowledge, however
seemed never to run dry. He carried hi
cross-examination through practically tn
entire morning session and for an hour an
twenty minutes after luncheon continue
to ply the witness with all manner {
questions.
Thaw's counsel sat silent and without pre-
test as Mr., Jerome grilled the first viii
ness for the defense. Thaw himself SCENE
to take but little interest in the cross-es
animation at the outset. but later bega
% take notes and was often in earnes
conversation with those OF HIS counsel wh
sat nearest him. Before the close of III
examination, however. Thaw seemed
worry. His attorneys appeared puzzled
first, but evidently determined to give Ii
district attorney the widest liberty.
Cousins Testimony Excluded.
At the close Of the eross-examination {
Dr. Wiley an attempt was made to intrC