The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-02-06


asylum such as that conducted by DR..
Wiley, the eminent specialist, we mad
upon the stand today, for instance, Is no
proof that he was Insane. There must
be competent testimony to the fact"
Justice FITZGERALD upheld this view OF
the matter. saying, however, that ms
ruling was subject to revision II the
attorneys for the defense could cite au-
thorities on the subject
Mr. Gleason, who alone conducted the
case for Thaw today, did cite some cases
but promised to have more authorities
in court tomorrow.
The defense next introduced as a wit
ness Ben Bowman, who testified that in
June, 1904. he had a conversation with
the defendant He was about to tell
what the conversation was when Mr.. Je-
rome interrupted, declaring conversa-
tion so far back was not relevant. nor
material Justice Fitzgerald again called
upon Thaws counsel for citations of au-
thorities covering the Introduction of tes-
timony of the character produced.
Gleason Not Ready.
1--WE did not expect to reach this wit
ness today" explained Mr.. Gleason. IT
have not my authorities here
Justice Fitzgerald sustained Mr.. Je-
rome's objection, and the witness stepped
aside.
DR.. G. H. Bingamfn of Pittsburg. who
has been a family physician of the
Thaws for thirty years. took the stand
and testified that he had known Harry
Thaw ever since his infancy. He had
treated him once for st. Vitus dance. He
seemed to be a lad of highly nervous
temperament and slept badly at night.
Mr.. Jeromes cross-examination was
brief
How old was the defendant when he
had st. Vitus Dance" he asked.
Seven"
"That is ALL doctor"
DIR. John E. Deemer of Kittaning, Pa,
the family physician of the Copely's,
Mrs William Thaw, the prisoner s
mother having been Copely, was the
last witness of the day. He was called
to testify as to the mental condition of
John Ross, a cousin of Harry X. Thaw,
when Mr.. Jerome objected.
Justice Fitzgerald held that until the
defense showed authorities on the intro
duction of testimony as to collateral in
sanity were presented he thought IL best
to rule out all such testimony for the
time being. Tt was at this point that
the adjournment until tomorrow was or
dered.
Josiah ThaW Present.
Experts on insanity and handwriting
witnesses and jurors came to the Thaw
trial today muffled to the eyes in great
coats and furs, last nights storm con-
tinuing with unabated fury.
The order for the exclusion of all wit
nesses from the court room remained In
force today with the result that the Sec
ond row of four chairs just back of the
prisoner. which heretofore have been re-
served for his family, had been turned
over to those whose business gave them
the privilege of attending the trial.
TArt rtOt Il L.
the defendants family in court as the
morning session began.
Harry Thaw, on entering. seemed to
miss the smile OF welcome which each
morning in the past his wife had be-
slowed on him.
District Attorney Jerome was late in
reaching court, owing to the storm. and
the opening of the session was DELAYED
ten minutes.
Wiley on the Stand.
DIR. C. c. Wiley of Pittsburg, the
Thaws family physician and who is
connected with the Dixmont Insane asv-
lum, was called as the first witness for
the defense. Dir. Wiley in response to
a question by John B. Gleason of Thaw's
counsel, said he had devoted much of his
life to study of insanity and that he
had served as an expert in a large num-
Der of cases.
Ut. wiley was asked TO state his recOi-
lection of incident In 1905 in which
Harry Thaw was concerned.
In the summer of 1905. said the wit
ness, II was a passenger on a street car
of the Fifth avenue line in Pittsburg
when Harry Thaw came in. Without
any apparent reason Thaw rushed for one
of the blinds to a windew. drew up the
blind, slammed it down again and then
drew 1t up once more. He had a quarrel
with the conductor"
Describes Manner.
What was Thaw's manner?"
1t was defiant, vague and his eyes
mashed from right to left in this way"
Or. Wiley illustrated with his eyes
"As an expert and from your personal
observation, can you say whether his
actions were rational or irrational?"
Mr.. Gleason here formed hypothetic.t
question on which he. outlined Thaw's
act of killing Stanford White on the Md
ison Square roof garden and coupled with
IT the Interrogation as to whether tha
witness could express an opinion OF such
action committed by the person ne
saw in the Pittsburg street car
II can," said Dr. Wiley
''Wil you express that opinion?"
81 believe that that man"
District Attorney Jerome objected.
"You must not state a belief" said Mr.
give an opinion
Suffered From Insanity.
my opinion" said DIR. Wiley, .is tnat
fCnNuvTNUrUYa nv DsnE. ~