The Montgomery advertiser., 1907-03-07

he had taken.'
 'Men who have been insane are still
 susceptible to liquor during lucid in-
 fervals, are they not? There is noth-
 ing in the disease which would make them immune from the effect of liquor. is fhereT Nothing that I know of." "Is there anything in the hypothet- ical question that enables you to tell whether the defendant was insane or drunk?s
 "There Is nothing whatever in the question to indicate intoxication but
 much to indicate insanity" No Indications of Alcohol. Dr. Wagner explained that the pal- | lid face, the slow and measured tread, the staring eyes and deliberatfon of the defendant at the time of the trng- edy were not the indications of alco- hollsm
 Mir Jerome then took up each of the facts as given in the hypothetical question and asked the witness If each one might not have been tbe act of sane man. E Dr. Wagner said there was no act that might not have been performed by sane man. "A sane man can do anything he l likes," said the witness, provided he mas the capacity, an insane man is oft- en impelled to do things which he can- not help"
 You mean an Irresistible impuise?" Yes" "That is all." Mr. Jerome concluded his long cross examination. He sat down, but in a
 moment was on his feet again, saying he had a few more questions to ask.
 You testified for the prosecution in
 the Preusser case, didn't your" Yes"
 "And the defense was insanityY' And in your opinion Preusser was
 sane when he shot Myies McDonaldg' "Yesn
 But he had been drinking heavily?" Yes"
 was his face pallid when he killed McDonald?" You testified Preusser was sane. | you say?" Yes" And he was declared insane7" Preusser's After Life. 'Yes. and sent to Matteawan. but he | was afterwards released as sane. He l went to New Jersey. opened broker l age office and was entrusted with | large sums of money" 'iThat is aIl," said Mir. Jerome. and | this time his cross examination was l really ended. MT. Deimas asked but one question | on the redirect examination. Doctor, after this long cross ex- | animation do you desire in any way to | change your statement that in your | opinion this defendant when he shot act was wrong?"
 Not in any way" answered Dr. Wagner.
 'aThat is ali," said MT. Delmas. What do you mean by wrong?" ask | ed Mir. Jerome on recross examination "T mean that his mental condition was such that he did not realize he
 was committing a crime or that he was liable to punishment for what he was doing" One or two questions relating to Dr. | wagner's testimony in the Preusser | case ended the recross examination. | Dr. Wagner was excused and the lun- cheon recess ordered. Mrs William Thaw Called ] Mrs Thaw was called to the stand I Immediately after court assembled for | the afternoon session. Clerk Penny had .caIled tho roll of the jury when l Mir Delmas whispered to him and then in a loud voice the clerk comman- | ded:
 Mrs. William haw to the witness 1 stand"
 | ness room a moment later. She was
 still dressed fin the same black frock | in which she appeared the first day of | her sons trial. With head erect and veil we'll thrown back over her head she walked to the witness chair.
 She stopped at the corner of the jury
 box and the court crier handed her a | copy of the bible. Clerk Penny ad-
 ministered the oath and then as the | defendants mother took her place In l the chair the court crier announced: Harriet Copley Thaw." Harry Thaw was all interest. He sat facing his mother and seemed ex- | tremely nervous. He rested his cheek on his hand an6tthen bit his nails. l Mrs. Thaw repeated her name in re- | sponse to question by Mir. Delmes, | speaking in tone so low as hardly l to be heard.
 Mrs. Thaw said that in the fall and winter of 1903 she was living in Pitts burgh.
 1 "Pennsylvania." asked Mir Delmas. Tt is the only Pittsburgh, with a | final h." replied Mrs. Thaw. Her son, Harry, came home, she
 said on the 18th or 17th of November,
 day or two before his brother Jo-
 siall's wedding,
 'Durfng the time your son. Harry, | was at home, did you notice anytnlng
 unatural about his condition?' asked | MT. Delmas. | 'T certainly did" replied Mrs. Thaw. | "will you please describe what took
 placer"
 Look Struck Mother Heart. "That day when he first came to the | door there was look of absent-mind- edness on his face. a despairing look. | Ii struck me at the time." | Did the impression of change in your son grow on your asked MT. Delmas.
 "Yes, he seemed to have lost all in-
 terest in everything. His room was l next to mine. often in the night from his room I heard smothering sobs.
 Sometimes when I was awake late at night I would see lights under his door and often found him sitting up
 at 8 or 4 o'clock in the morning. He told me he could not sleep and ! there was no use going to bed. am
 not of prying disposition, but I asked | him to tell me what the matter was. l He said it was impossible to tell me
 his story"