The Montgomery advertiser., 1907-03-20
DeLmas Announces He WW Close
 Famous ThaU Case Early Today.

answer 70 question put by MT. JerotHe as to the coherency of Thaw's conver- sation on Madison Square Garden on the night of the tragedy.
 MT. Jerome and pr. Jelliffe spent many minutes discussing whether or not 1t was coherent for one person to was to introduce "a buxom brunette to another, referring to Thaw's conver- sation with James Clinch Smith.
 T don't think such conversation, said Dr. Jelliffe. "is what one would expect between gentlemen.
 T said nothing about gentlemen, said Mir. Jerome. We are not trying this defendant for not being a gentle man."
 The insane period prior to the trag- edy, MT. Jelliffee said, was about two years and a half. He though1 that Thaw was insane when he wrote the letters which are in evidence, when he made the will and codicil and when he married Evelyn Nesbit. Undoubtedly, ing the course of Thaw's mental sick ness.
 The physical examinations in the Ton1bs made by Drs. Wagner and Evans were gone over carefully. Then came the actual events immediately preceding and succeeding the shooting. Dr. Jelliffe repeated replies to pre- vious questions regarding Thaw's knowledge of what he was doing on the night of the homicide to the effect that, in his opinion. Thaw had an in- sane knowledge at the time. He also said that Thaw doubtless remembered what Miss Nesbitt told him in Paris. The fact that man had a good mem- ory for such things was by no means a sign that man was sane.
 Doctor" said MT. Jerome, "did you ever see an insane man at work in . shop2'
 T have seen many insane men malx- ing rugs. remember one man, who as he passed the tool back and forth among the cords. kept repeating. I'll kill him. I'll kin him, I'll kill him."
 Did he know what he was doing?'
 T think so. But 1t is my opinion he also thought he was killing someone at the same time."
 Mir. Jerome concluded his cross examination and MT. pelnas began his redirect examination.
 Dr. Jelliffe explained the difference between sane and insane knowledge as shown in the case of the insane rug-maker. His explanations were much the same as those given by Dr Evans, whose example was an insane shoemaker. Dr. JelIiffe did not think Thaw knew the nature or quality oi his act when he shot White.
 The witness was not permitted ts say why he had not examined the de. fendant
 Just as the luncheon recess was or. dered. Mir. De1mas announced that his redirect examination of the witnes, was copcluded.
 pr. JeIIiRe Recalled.
 Dr. Jelliffe was recalled immediatel after recess but MT. Jerome said h would abstain from re-cross examina tion. The phsyician thereupon wa excused and Mir. Delmas summoned t the stand Dr. Charles w. Pilgrim, su perintendent of the Hudson Rive State Hospital at Poughkeepsie. an president of the State Lunacy Commis sion.
 Dr. Pilgrim said he had studio carefully the hypothetical question pre- pared by District Attorney Jerome an passing his opening on it did not be ifeve Harry Thaw knew the act wa wrong when he shot and killed Stan ford White. He further was of tn opinion that Thaw's use of his defec tive reason did not know the natur or of quality of his act.
 This concluded the direct examina ton of the witness and the Distric Attorney began to cross examine
 nave yOu GAutAAAhCQ tAAG 0ClCHQdlB { he asked.
 'No," replied the witness.
 What form of insanity is 1t in you opinion this man was suffering from7
 Mir. Delmas objected on the groun that the form of insanity is not neces sary under the statutes, the law pro viding that only defect of reasol should be of such Q character tha the accused did not know the natur or quality of his act or that the ac was wrong
 Justice Fitzgerald overruled the ob jection.
 In reply to questions, pr. Pilgrir said:
 There are in the question evidence of one sort of insanity in some part and in other evidence of other sortl There is not enough in tho hypothet ical question for anyone to make scientific, differential diagnosis.
 When Thaw roamed about the roo garden" the witness said, ''he had a Insane knowledge of what he was do ing and he probably realized when pulled the trigger of his revolver tha 1t would inflict the damage 1t diC but his mind was so oyerpowered tha he was unable to appreciate the natur or quality of his act"
 Legal PhraseOIOgy of Will. MT. Jerome called Dr. Pilgrims at tention to the legal phraseology in tn will and codicil and in the provisio for the prosecution of any one wh might cause his death and also to tn various letters in evidence, includin the one to Comstock and asked if tn things did not show that Harry K Thaw" had a knowledge of the lav as 1t exists and the punishment whic 1t inhicts.
 Dr. Pilgrim admitted that Thav probably realized that there were law but in his opinion his knowledge wa not that of sane man. When pr. Pilgrim was excused Dr Minas Gregory, in charge of the Psys choptahic Ward at Bellevue Hospits was called.
 Dr. Gregory, passing his opinion o Mir. Jerome's hypothetical question said that Thaw did not realize the ma ture or quality of his act or that tn act was wrong when he committed tn homicide.
 When MT. Jerome took up the eros examination he repeated at length tn details of Thaw's action immediatel preceding and following the shootin as we'll as of the shooting itself MT Jerome picked up the revolver wit which White was shot and used 1t t illustrate his recital. When MT. Jer ome came to the real shooting, h xyifnaec