Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1907-02-09

ness. who at times sat mute. and at
other times declared he could not an
swer. OF gave evasive replies often
he brought upon himself sharp warn
ing from the district attorney to make
a reply ard not an argument
DIR. Wiley testified that he predicated
his opinion as TO Thaws insanity upon
his actions the night OF the tragedy,
rs described 20 him In a hypothetical
question propounded by the defense.
and upon an incident which he wit
messed on a Pittsburg street car dur
ing the summer Of 1905. Thaw. said
the doctor, acted irrationally on the
car. coming In suddenly and jerking
up ore of the window blinds. slamming
It down and then lifting it up again.
the while engaging in a wordy war
with the conductor.
Have you ever examined this de-
PENDANT with any Of the recognized
tests Of insanity" asked Mr.. Jerome
mo" replied the witness.
"Have you ever conversed with
him?"
mo" replied the doctor.
The district attorney then drew
from the alienist the opinion that
Thaw's acts on the Madison Square
roof garden, when he killed Stanford
White. we're not acts Of insanity when
taken singly. but constituted evidence
OF insanity when considered collec-
lively. At times Dr. Wiley seemed en-
tirely bafled by the questions. He
hesitated at each. and before he could
answer Mr.. Jerome had framed an
other query replete with impressive
sounding technical terms and appar-
emily Offering a problem no less DIM
cult than its predecessor. The witness
admitted that many of the tests 10
which the district attorney referred,
such as the Romberg test and the
Argyll Robertson pupil test were I'M
known 20 him. and when he was asked
10 quite from any accepted work on
insanity. declared he could not give
the exact language from any book.
Thaw's counsel sat silent and with
out protest as Mr.. Jerome grilled the
first witness for the defense. Thaw
himself seemed 10 take but little in
terest in the cross-examination at the
outset but later began TO take notes
and was often in earnest conversation
with those Of his counsel who sat near
est him. At times Thaw could not al
together suppress the suggestion o. a
grin at the keenness OF some OF Mr..
Jerome's questions and the subtle hui
NOR they so thinly concealed. But be-
fore the close OF the day Thaw seemed
20 worry. Tie bit his finger nails and
seemed anxious for the doctors ordeal
20 end His attorneys appeared bit
puzzled at first but evidently deter
mined 20 give the district attorney the
widest liberty.
Tried TO Show Strain Of Insanity.
II was at the close OF Mr.. Jerome's
cross-examination Of Or. Wiley that
the attempt was made to introduce
Testimony tending 10 show the strain
OF insanity said 70 have existed in GER
tain branches OF the Thaw family
Among the witnesses called TO thu
stand was Albert Lee Thaw. OF Rich.
mond. Va. who said that his father
and Harry Thaw's father were first
cousins. The defense stated it's pur.
pose 70 draw from the witness the fact
that his father died in an asylum for
the insane when Mr.. Jerome objected.
He declared that the relationship OF
both the witness and his father was
too far removed from the defendant 10
be competent
"And the law" he added. as not
satisfied that man is insane merely
because he died in an asylum or a re-
treat for persons suffering from men
tai disorders. The fact that a man
dies In an institution such as that con-
Quoted by DR.. Wiley. the eminent spe-
cialist we had upon the stand today.
for instance. is no proof that he was
Insane. There must be competent tes-
timony TO the fact"
Justice Fitzgerald upheld this view
OF the matter. saying. however. that his
ruling was subject 10 revision II the
attorneys for the defense could cite
authorities on the subject Mr.. Glea-
son. who alone conducted the case foi
Thaw. did cite some cases. but prom
!sed to have more authorities ia court
The defense next introduced as a
witness BENJAMIN Bowan, who testi-
fed that in January. 1904. he had a
, conversation with the defendant. He
was about 10 tell what the converse
ton was. when Mr.. Jerome objected.
declaring a conversation so far back
was not relevant or material Justice
Fitzgerald again called upon Thaw's
attorneys for citations OF authorities
covering the introduction OF testimony
OF the character proposed.
Justice Fitzgerald sustained Mr.. Je-
rome's objection. and the witness
stepped aside.
DR.. c. II. Bingaman. OF Pittsburg.
who has been family physician of the
Thaw's for 30 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 lad OF highly nerv-
GUS temperament and slept badly at
night. said the witness.
MIR. Jerome's cross-examination was
brief.
How old was the defendant when he