The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-02-06
THAW'S LAWYERS
ARE AGAIN AT ODDS
CONTINUED FROM FIRST PAGE.

and rather purpOseless development Of the
case of the defense to-day.
Even Thaw himself joined in the amuse-
ment at the knots in which the district
attorney, scintillating in his cleverness.
tied the first witness for the defense. His
manner changed toward the close Of DR..
/ Wileys tangled ross-examination. and
! the defendant turned to another of his
experts. Dr. Charles G. Wagner, superin-
tendent Of the Binghamton, " Y, asy-
| lum. and demanded in an audibly angry
| whisper
why does he testify? lie doesn't know
anything about my case, anyhow ! don't
! like this"
The exclusion, late this afternoon. of
/ testimony relating to insanity In collater-
al branches of the Thaw family. was n
blow to the defense which can hardly be
overestimated. Attorney Gleason made
q heroic effort to secure the admission Of
the testimony showing that Alfred Lee
Thaws father, who was Il first cousin of
William Thaw. father Of the defendant.
died IN an insane asylum. The actual
point Of this testimony was excluded aft
er the most extended legal argument so
far heard in the trial. on two grounds.
It was rejected on the ground first
Z
father might have been inherited from
some other line than that stock from
which Harry Kendall ThaW is descended.
and. consequently. his insanity is no
proof Of heredity insanity in the defend
ant The second ground. and the less
/ important one, for the exclusion of this
particular testimony. was that the death
Of the man in an insane asylum was not
proper proof of his insanity even if that
fact were admissible.
May Change Tactics.
There is a chance that the plan Of de-
Tense. at least its tactics. will be changed
tomorrow Instead of going ahead with
the evidence in support Of insanity.
Thaw's lawyers may attempt to overcome
the u1questioued swing Of the case against
their client by putting on the stand forth
with Evelyn Nesbit Thaw. TO tell the
story Of her relations with Stanford
White. This was the story she told
Thaw Ia London. and which is said to
have given form in his mind TO the idea.
which eventually led him to Kill the
architect
Alfred Lee Thaw was the fourth wit
ness Of the day. and was called To the
stand at 4 o'clock. He gave his age as
forty-three years, and said that his IA
Their and the defendants were first Cous-
FMS.
Or. Benjamius testimony was heard IS
soon as Or. Wiley had been excused.
he made a fairly good witness for the de-
Tense Dr. Benjamin said that ne had
known the defendant and Mrs. William
Thaw for about thirty years. and that
be had been their family physician.
Did YOU attend Harry Thaw in his
infancy
Yes
when did YOU first see him2"
when he was two or three years old /
What was his complaint.
"He was very nervous"
when you first saw the defendant did /
you notice anything about his nervous /
temperament
He was very nervous. He slept very
bad"
How long was he subject to St. yitus'
dance"
For several weeks.
Describe TO the jury the cause and ma /
ture Of the complaint"
"His eyes Were crossed. and there was 4
a twitching of the nerves OF the body
The witness was taken In hand by Mr. 4
Jerome.
How old was the boy when he had St. /
Eitus dancer
About six OF seven"
Have YOU been his family physician I
SINGER"
YES"
To show that Thaw by his conversation 4
indicated that he suffered from decisions F..
I'm 1894 Benjamin Bowman. a Brooklyn
telephone operator. was called after Dr.
Benjamin. he did not get very far in his /
testimony before be was barred out
Might still Be Insane
The cross-examination Of DR. Wie- will +
crest exhibitions of the gentle art ever 4
heard in New York. The most startling
admission the witness made was that
Thaw might still be as insane as he was .
the night he killed White. Some Of the
was as follows:
In case the faint OF insanity was in
the blood of a cousin who was born after
the birth Of the defendant. would you say
that the insanity OF that cousin indicated
a hereditary tendency to insanity in the
defendant
II would not"
You call hereditary insanity legacy.
Are you acquainted with the form Of men
3
State allow as an excuse for crime?"
II am not fully acquainted with it,"
And you. an expert, a man calling
yourself an expert
Beg your pardon" said the witness. I
did not call myself an expert
Doubt About Expert.
Don't You call yourself an expert? But
1 ask YOU again. are you. OF are you not,
an expert?"
(After much consideration Yes"
Does the profession consider you an
expert?"
Yes.
DO you agree with the profession"
We'll, now / think / am"
AS an expert, do YOU believe the de-
PENDANT was insane when he killed Stan
ford White because Of the meager testi-
money YOU offer of something that oc-
CURED in Pittsburg in 1862"
Yes"
And you mean to say that on those
meager facts you, as a scientific man.
give your opinion under oath. that. IN
your opinion, this defendant was insanee1
Yes"
"A man may know perfectly Wei the
nature of his act, yet may be swept away
by the morbid influence or emotion-fs
that your beief?'
Yes, that is right"
"What element was there in what. han
Dened the night Of June . to show mis-
nan was inSane?'
THE declaration, I have probably saved
your life.
You are imparting Impressions" said
Jerome.
Il am not answered Dr. Wiley.
sharply.
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