The Barre daily times. (Barre, Vt.) 1897-1959, 1907-02-05
Said Doctor c. H. Wiley Of
PlttSburg in Court To-day
WHILE In A PITTSBURG CAR
Respondent Charged With Murder Of
Stanford White Was Noticeably
Nervous Before Court
Opened Today.

New York, Feb 5.rJosiah Thaw was
the only member Of the Thaw family
II court when Harry Thaw took his
seat AT bis counsels table this morn
ing- "A long delay was caused BY the
hardness Of counsel for the state, DUR
ing which the defendant scratched ner-
yously On the paper before him
Dr- &, II. Wiley 81 Pittsburg was the
first witness called. He was one Of the
lhaw family physicians and Is spec
ialist on insanity in the Bixmount in-
sane asylum, Pennsylvania He told Of
1haW's queer actions in Fiftieth ave-
nue. surface car in Pittsbnrg one even
ing in 1905. He gave his opinion that
the man who had acted as Thaw did
after the shooting Of Stanford White
was insane.
In taking oss-examination Of DR..
Wiley, the prosecution made it clear
that he had formed his answer to a
Hypothetical question from three things,
what he had seen in the street car, what
he had heard Of the case, and what lie
could fairly assume from the question
itself. On the ground that the court of
appeals has held that expert witnesses
must base their answers to hypothetical
questions entirely on the facts, it has
moved to strike out the answer, and
Justice Fitzgerald so directed,
= think 1haw was suffering from
delusions," said the witness
WHAT was the nature Of the delu-
sipns 7"
Answer; eThey were impressions
reached BY 40 Conclusions.
How do you know anything about
Christian ScienceG'
Answer; 4 have some friends who
believe in IT,"
DO you believe them insane?"
s'No.r
During the opening address by Mr.
Gleason, IN which be entered the de-
tense Of insanity yesterday afternoon,
Thaw sat with flushed cheeks, which
at times he covered with his hands, and
with downeast eyes He seldom looked
up, inst 4 ileeting glance now and then
at the man who was making the first
plea for his life and freedom. Never
once did his eyes wander TO the Jury
box. where the twelve men, with grave
faces, listened intentIy to every word
Of Mr.. Gleason's somewhat lengthy
speech.
Thaw's counsel told the story of the
prisoners love for the girl he made his
wife, He met Evelyn Nesbit in 1901
and there then began in him an honor
able regard and love for the girl. He
told her mother of that love The girl
was in o preearious condition follow.
ing serious operation in q sanitarium
and Thaw suggested to her mother that
she take Evelyn abroad to recuperate.
II was arranged that Tlaw should ac
company the two az the avowed suitor
Of Miss Nesbit. In 1908 he asked her
to marry him and she refused.
"The reason for this refusal You viii
hear from her lips" announced Mr.. Glea
son. Suffice ii to say the reason had
to do with an incident in her life with
reference to stanford White"
Thus laying the foundation for the
plea Of insanity, The defendants declar-
ed brain disease laid hold Of Thaw some
three or four years ago. He said that
there have been many instances Of
person being insane upon one subject
and that alone, Mr.. Gleason cited in
stances Of temporary insanity evidenced
by a single act
aWe win not base our plea, however,
upon single act he went on. 1T
will be shown that there was insanity
on both sides of this defendants fam
ilv Heredity has made us what we
arr. Hereditv hus made the living woril.
Eus case Is far removed from the much
discussed defense of emotional insanity.
Won must iisabuse your minds Of all
You have read in The newspapers and
especially Of the idea that has gone
abroad that we arc TO RELY upon some
higher or rnwritten law We rely upon
tbe constitution and the laws Of the
Imperial state Of New York, aud upou
them alone, You will understand this
mans insanity.