The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-02-06
JEROME MAKES A MONKEY
OUT OF FIRST WITNESS
Continued from Page I

om Page I.
saw I'm Pittsburg ana what l know of
the case"
Il move that the entire question and
answer be stricken out of the testi-
mOny." said Mr.. Jerome, turning to
| Judge Fitzgerald.
Counsel for the defense objected. hut
Justice Fitzgerald said he Thought best
To strike the matter out and go all over
| 1t again so as TO make the record clear.
Attorney Gleason reformed the oues-
ton. this time basing it upon the law
OF insanity as laid down by the
statutes or the state of New York
Dr. Wiley again declared that he was
competent to answer the question.
What is your opinion based upon,
the form OF insanity as laid down by
the law of this state?" asked Mr.. Glea-
son.
The act Of an insane man"
MerclIess cross-Examination.
Mr.. Jerome led tho witness through
long series Of questions dealing with
all manner OF subjects and asking him
his opinion as an expert on most Of
them.
You say delusiOn is the result OF
pathological condition."
Yes"
Then the defendants delusion must
have come from a pathological condi-
tion?"
Yes, coupled with a functional con-
dition"
as It possible for a function TO be
abnormal unless there is a disease?"
Yes. dilated artery. for instance"
But a dilated artery has nothing to
do with the case of Harry Thaw, has
it?"
No"
Mr.. Jerome wanted 10 know il DR..
Wiley believed in Christian Science.
The doctor did not answer directly. but
was pinned closely to the question by
Mr.. Jerome. He finally replied that he
did not
Witness and Attorney Clash.
This line of questioning soon led to
wordy clash between the attorney
and witness i'm which Mr.. Jerome in
terrupted the witness replies with a
loudly exclaimed Did 1 ask you that?
Did 1? Answer me?"
NO"
Upon what in the hypothetical ques-
ton did you base your conclusion az
to sanitv?"
by the fact that the man. sitting
with a party, suddenly arose and with
out provocation -"
rs there anything i'm the question
about provocation?" Jerome mterpos-
ed.
NO" DIR. Wiley replied with some
show of feeling. 1T vast was the
manner of the man, and the fact that
he raised his hand in peculiar way"
stop" shouted Jerome angrily rs
there anything I'm the question about
PECULIAR"
The witness admitted there was not.
The remark OF his wife. L have
probably saved your life was another
reason for the conclusion" said Dr.
Wiley.
Why Pistol Was Held AIoft.
did it occur to you that after firing
three bullets into the body of his vic
tim the man held his revolver aloft to
there was to be no further killing and
that he wanted to avert a panic?"
That entered into the calculation"
did motive have no bearing?"
Yes. / read in the papers and have
decided -
stop. Did the question Of motive
make so light an impression on your
mind that when you come here to tes-
tify as a scientific man. you want to
import into the case what you read in
the newspapers?"
The witness was silent.
Didn't this man raise his hand and
his revolver to indicate there was 70
be no further killing?"
Possibly, but as 1 was saying
"Will you refrain from volunteering
information which i don't ask? Answer
my question and nothing else. / have
had to ask this many times and don't
want TO have 10 do il again. When
did you get here?" added Mr.. Jerome.
Had Talked With Counsel.
Wednesday
"And you talked with counsel?"
yes, about the case
About the hypothetical question:"
mo" The witness fairly shouted the
answer He also flushed angrily.
us not jealous rage the dominant
element In the mind of every man who
kills from jealousy" asked Mr. Jer-
ONE.
There may be other elements
stop that volunteering. Answer my
question"
TELL us some more OF your eonclu-
sions from the hypothetical question"
he requested
The time. the manner and the place
chosen -"
so" shouted Jerome. you think the