Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-06
cumstance Of his delusion are removed
he is not likely to lapse
What do insane people usually do after


he is not likely to lapse"
killing q person."
There usually follow evidences Of sat-
isfaction and relief and declaration Of
fact. Thaw's declaration to his wife that
he had probably saved her life was a very
suspicious circumstance"
DO you know that her life was not in
danger?'
No. assume it was not"
II her life was in danger, then the
delusion?"
Il have answered the hypothetical ques-
ton on the assumption she was in no
danger. Nothing has been shown to the
contrary"
Thaw Had st. Vitus' Dance.
District Attorney Jerome concluded his
cross-examination of DR.. Wiley at $40
PM, and DR.. c. H. Bingaman, Thaw
family physician from Pittsburg was
called as the second witness for the de-
Tense.
DR.. Bingaman said he had known Harry
Ihaw for thirty years and his mother the
Did you attend Harry Thaw in his in
fancy?"
Yes"
What at disease do you first -recall?'
Thaw as boy of six or seven was of
nIshly nervous temperament, he said. He
slept very badly
On ton District Attorney
Jerome merely had DR.. Bingaman repeat
that Thaw was seven years old when he
suffered from ST. Vitus' dance The wit
ness then was released
Benjamin Boman, who said he lived in
Brooklyn and was a wire-nail operator,
was called as the third of the defendants
witnesses. He said that in January. 1904,
he had conversation with Harry Thaw.
i object. interposed Mr. Jerome. Let
counsel prove the relevancy of this con-
versation of two years before this wit
ness proceeds"
ton. saying the witness could be recalled
for examination after counsel had submit
ted authorities covering the Introduction
of such testimony
Alfred Lee Thaw, forty-three years of
age. of Richmond, Va, next was called to
the witness stand
Are you related to the defendant, Harry
X. Thaw?" asked Mr.. Gleason
Il am
What is the relation?'
MY father and his father were first
cousins
When did your father die?"
October %, 1885, ~
Where was your father. or have you any
means of knowing where he was when he
Il object" interrupted District Attorney
Jerome. THE question is irrelevant and
imma teria1.'' -.-
Justice Fitzgerald sustained Mr. Jerome's
objection.
Mr.. Gleason argued the point. He said
1t was intended to show a collateral condi-
ton of Thaws relatives-the relatives de-
scended from a common ancestry.
Alfred Lee Thaw is a man of piercing
dark eyes. His forehead is contracted in a
continual frewn., His black mustache is
closely trimmed and black hair brushed
we'll back from the forehead.
Mr.. Gleason said he wanted to prove the
hereditary phase of Thaw's insanity and
could trace it back to common ancestry
with the witness father. 1t was not nee
essary or contemplated by the law that it
should be proved mans father or grand
father was insane to establish hereditary
insanity.
District Attorney Jerome argued in reply
that the witness was not competent per-
son to testify to the insanity in the
family of the defendant. 1t was necessary
he said, to go back to the great-grand-
father and mother of the witness and the
defendant to reach common blood. On the
two collateral branches of the family four
separate stocks had been blended with the
birth Of the witness and the defendant.
A Slap at DR.. Wiley. 49,
II infer from the opening address of the
DEFENSE. said Mr.. jerome, that they ex-
pect to prove by this witness that his father
died In an asylum some retreat for the
insane. The fact that a man dies In an
asylum is not proof of his insanity. The
law does not recognize it. The fact that
man dies in an asylum like that conduct
ed by the eminent DR.. Wiley who was on
the stand today. for instance. does not
prove he was insane"
Justice Fitzgerald said he felt constrain-
ed to adhere to his decision sustaining the
district attorneys objection for the pres
ent. He would take the authorities cited
by Thaws counsel under consideration. He
thought closer relative than the witness
should be offered witness.
did you your father in an asylum
for the insane in the year 1852" asked Mr..
Gleason.
Mr.. Jerome again objected to the ques-
ton.
I'm the present condition of the record
and at this stage of the trial l sustain
the objection" ruled Judge Fitzgerald. The
witness was excused for the present.
Dr. John f. Deemer of Kittaning, Pa.
was next called to the stand. DR.. Leemer
is the family physician of the Copleys. Mrs.
William ThaWs parents. DR.. Deemer said
he had known Harry Thaw twenty-five
years. When the defendant was nine years
old DIR. Deemer treated him for a nervous
disorder.
did you know Henry W. Copley?" asked
Mr.. Gleason
Yes"
us he related to the defendant?'
''He was brother Of Mrs. William Thaw,
the mother of the defendant
Ibid you know John Ross?"
eyes: he was a first cousin of the de-
fendant. John Ross mother was a Marga-
ret Copley Ross, sister of Mrs. William
Thaw.'
District Attorney Jerome here interposed
an objection against any further examina-
ton of the witness on the ground that the
testimony he could give would be of co..,
lateral relatives of the defendant, and he
did not think the matter should be further
gone into until counsel brought authorities
to sustain their position. Justice Fitzgerald
upheld this contention and said the witness
could be recalled at any time provided the
authorities to be cited by the defense
should prove the court in error in shutting
out testimony as to any but ancestors in a
single line such mother, father, grand
mother grandfather and so on.
At this point adjournment was taken UNI
til tomorrow.
rrDoNdEn WTEE