The Mena weekly star., 1907-03-21
ALEN|SIS ON THE STAND
Ihaw's Attorneys Surprise Jerome by Refusing to Cross Examine
 His Experts.
ALL TESTIFY TO DEFENDANTS SANITY
one After Another the Five Experts Answering the Hypothetical Cues tons of the Defense and Prosecu- ton Said Thaw Was Sane When He Killed Stanford White.


 ton Said Thaw Was Sane When
 He Killed Stanford White.
 New York, March 16.--Delphin M. Delmas, leading counsel for Harry K. Thaw, sprang decided surprise upon District Attorney Jerome Friday by annuoncing that he would not cross examine any of the experts for the state.
 MT. Jerome thereupon during the morning session of the trial put five aHenists upon the stand. one after the other, and claiming their famil iarity with the hypothetical question put to the experts for the defense and also MT, Jerome's 15,000 word exposi- tion of the evidence, they declared their opinion that at the time Thaw shot and killed Stanford White he knew the nature and quality of his act and knew that the act was wrong.
 Mir Hartridge, for the defense, un- dertook a cross examination of Dr. Mabon by adding details to Mir. Je- fome's long hypothetical question.
 In order that he might prepare the additions to the questions more defin- itely than he made in his extempor- aneous statement, the luncheon recess was ordered earlier than usual.
 Dr. Allan McLane Hamilton, who has been summoned as witness in the case. had long conference with MT. Delmas and others of Thaws coun- sel, before the morning session of court. When MT. Jerome purposed calling pr. Hamilton he seemed intent upon proving that Thaw suffered from an ineurable form of insanity. Then came the discovery of the James Clinch Smith testimony as to Thaw's rational conversations on the Madison Square roof garden and his roaming about the place as if looking for the man who became his victim, and MT. Jeromes switch to policy of pressing the trial to conclusion on the indict- ment for murder in the first degree.
 Dr Hamilton has expressed the opinion that Thaw was insanse when he saw him in the Tombs and re- mains so.
 At the opening of the Thaw trial Friday District Attorney Jerome con sented to a request from MT Del mas of the defense that he be all lowed to defer the cross examina- ton of Dr. Austin Flint, who in an swer to the hypothetical questions Thursday declared the opinion that Thaw at the time he shot and killed Stanford White was sane and knew the nature and quality of his act. Dr. Flint accordingly was excused and Dr. William Hirsch of the Cor nell Medical school was called as the second of the six experts called to testify for the state.
 After Dr. Hirsch had qualified him self by stating what his medical education and experience had been, District Attorney Jerome asked him:
 Was the person described in the hypothetical question of the defense suffering from such mental derange- ment that he did not know the na- huIc OI uudHtS VI htS dst VI ,ho~ ehV act was wrong?'
 He certainly was not, was the reply.
 Dr. Hirsch gave the same answer to the longer question framed by the district attorney
 Now, doctor" said Mir. Jerome, what is brain storm"
 There is no such thing as a brain storm known among scientific men," came the response.
 When Dr. Wagner was on the wit ness stand for the defense he cited to MT. Jerome case of brain storm described in a recognized textbook on insanity MT. Jerome called this case to Dr. Hirsch's attention Mir. Delmas objected on the ground that it was the collateral issue. Justice Fitzgerald overruled the objection and Dr. Hirsch saId the case cited was no more simila to the Thaw af- fair "than case of smallpox To- sembles a broken leg.
 The four other exparts gave prac- tically the same testimony and none were cross-examined.
 After recess, MT. Hartridgei of Thaws counsel, said he would not press his cross-examination of Dr. Mabon. and the latter was excused.
 Evelyn Nesbit Thaw was called to testify whether Abraham Hummei was her attorney when he prepared the now famous affidavit. She said that he was and immediately left the stand.
 Justice Fitzgerald ruled that the defense could not now plead the pro fessional privilege in bar of Hum mel's testimony, for the privilege was involuntarily waived when young Mrs Thaw took the stand and volun tarily told of the occurrences in hum mels office.