Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-02-05

latter endeavoring to stop the witness,
who had answered in a manner not In
tended by the defense When the ques-
tion was again put to him. he answered
No"
| Wiley here explained that person
might know what he was doing. yet be
utterly in control of an irresistible i'm
pulse, or a sort of volitional insanity.
, coupled with a morbid impulse. He
said that the act is morbid If 1t is in
sane, and man may know the nature
and quality of his act, know that it is
wrong and against the law, yet be
swept away by an impulse over which
lie has no control.
Jerome had Wiley repeat the hypo-
thetical question upon which he based
his opinion. In doing so, witness in
advertently admitted that he had taken
into consideration his knowledge of the
case outside of the question, where
upon Jerome moved that the entire ques-
rion be stricken out Gleason objected,
but the judge ordered the matter gone
over again. Gleason reformed the hy-
pothetical question, this time basing it
on the law Of insanity. according to the
New York statutes. Wiley again de-
clared that he was competent to answer
the question:
What is your opinion based on the
form of insanity as laid down by the
law of this state?' asked Gleason.
.'The act was that of an insane man."
Severe Cross s-Examination.
Jerome led the witness thru a long
series of questions, dealing with. all
manner of subjects and asking himr his
opinion as an expert on most of these.
His purpose was to break up as far as
possible. the doctors influence with the
jury. apparent.
Thaw sat apparently unperturbed
thruout the grilling of the witness by
the district attorney. He kept his head
bowed, as he made notes on sheets of
paper. turning his eyes now and then,
to look at Wiley.
els not jealous rage the dominant
kills from jealousy?" asked Jerome.
There may be other elements
Tell us some more of your conclu-
sions from the hypothetical question"
"Time, manner and place chosen.
so" shouted the district attorney,
"you think the place was chosen for
the crime, do you z!
'No.,
Nov, as to the manner, do you think
that because this man, with malice ana
hatred of the man he saw on the roof
garden walked over to him and fired
three bullets into his body. with the
revolver held so close that his face
was burned by the powder, do you think
that was an act of insanity"
3 Eyes"
Jerome took the witness over every
incident Of the night of the tragedy
and asked him if, in each case, ne
Thought Thaws acts were those. On an
insane man. Witness finally summed
ND his answers as follows:
.Taken alone they do not Impress me
SO. but taken together they do.
WILEY No Match for Jerome.
wiley said l1is opinion as to Thaw's,
mental condition had been formed from
occurrences the night of the Tragedy
and from other information OUTSIDE
that affair Jerome displayed thor
ouehness with which he has studied
medical authorities to fit himself Tor
the Thaw case by leading the witness
thr,, a chain of questions dealing with
ma anthology. which at times seemed thor
ougbly to BATTLE the witness, who hes
ttated time and again and evaded di-
rect answers. Wiley was still UNDER
going cross examination when recess
was taken.
Wiley resumed the stand as soon as
the afternoon sessios convened. jerome
continued his tactics of the morning
session, putting the witness thru
rigid test as to his medical knowledge
Jerome piled Wiley with such ques-
tions as "Does the cardiac nerve con-
meet directly with the cerbellum =
"Does the pneumogastric nerve join the
spinal column in the lumbar circle or
in the dorsal region?" The doctor hes
itated in his replies. or remained silent
altogether. He seemed greatly con-
fused. Finally, Jerome asked him:
"Are you 81 homeopathist?" mo"
"well, what are you?" q am a ner-
yous practitioner" replied Wiley.
Jerome concluded the cross -examin-
alton Of Wiley at 3:4O DR.. G. H.
Bingaman, the Thaw family physician,
was called.