The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-01-27
DEFENSE CLOSES.
Thaw's Attorney Completes Ex.
animation of Witnesses.
Only the Hypothetical Question
Remains to Be Read.

remains to be READ.
New York, jan 27.-The defense
this morning completed the introduce
ton of all it's testimony and shortly
before the noon recess Mr.. Littleton,
chief counsel for the defendant began
to read a long and carefully prepared
hypothetical question to the three
alienists engaged to testify in Harry
Thaw's behalf. The question covered
all the testimony in the case and be-
fore being read had been submitted
to District Attorney jerome for any
objection the prosecution had to Of
fer. Only slight changes resulted. As
the testimony in the present hearing
has differed largely from that of the
first trial so the hypothetical question
differed from the one propounded last
year by Mr.. Delmas. The evidence as
to irrational acts or manner. from in
fancy to the time of the homicide. was
given precedence over every other
phase of the testimony.
DR.. Charles Francis Bingaman. the
Thaw family physician Of Pittsburg,
was put on the witness stand when
court opened. DR.. Bingaman told of
the early symptoms of nervousness in
Harry >Thaw, saying he was first called
to attend the boy when he was three
years old. At that time his nervous
ness often bordered on convulsions.
The attacks usually followed various
children's diseases. Thaw slept badly
as child, requiring a relay of nurses
most of the time.
DIR. Bingaman said that in the fall
of 1908, he was called to attend Harry
Thaw in Pittsburg and treated him for
nervousness melancholy. This was
after Thaw's first trip abroad with
Evelyn Nesbit. The witness saw Thaw
several times in the Tombs after his
arrest and the defendant always re-
ferred to the Madison Square Garden
ffoi he 60 -
Thaw's acts and appearance in the
prison impressed the witness as IRA
tional.
1t was of DR.. Bingaman that District
Attorney Jerome said at the last trial
when Thaws mental condition was un-
der investigation:
"I had rather the testimony of an
old practitioner like this than all the
experts you could put upon the stand"
The prosecutors cross examination
today was very brief and courteous.
European Witnesses.
Following DR.. Bingaman came the
first of the foreign witnesses, DR.. Sgd
ney Russell Wells of London, who was
called to attend Thaw in the English
capital in the early part of 1899.
MIR. Thaw was in very nervous
condition." said DR.. Wells. His pulse
was extremely rapid and he complained
of pains in the head. I diagnosed his
case as one of mental disturbance"
witness said, he found his patient in a
highly excitable state, despite the fact
that his temperature was only SO de-
grees. He feared Thaw might harm
himself. Thaw did not respond to
treatment, even opiates failing, and DR..
Wells said he decided to send the young
man to Devonshire Nursing associa-
tion's hospital On another visit he
found Thaw dancing about the room
like a mad man. He reported his case
to the hospital as automania.
Mr.. Thaw at the hospital had a per-
fectly enormous ROOM, continued DR..
Wells "but he complained that he did
not have room to breathe. He also
complained of the terrific heat and de-
manded that 20 tons of ice be placed
in the room. He did not like the nurse
assigned to him and wanted me to en-
plov a whole staff of nurses so he might
find one he liked. When he was In the
bed the patients eyes glared into va
pital continued six days. He had no
fever at any time. His talk was large
ly incoherent. There was no evidence
of alcoholism"
During your entire attendance on
Mr.. Thaw in 1899, doctor. what conclus-
ion did Won reach?" asked Mr.. Littleton.
"I diagnosed his case as acute recur-
rent insanity. ~
DR.. wells said he saw Thaw in 1901.
1902 and in 1903, or 1904. He treated
him at these ClInoS- Uul tiACic "OAO Ao
acute symptoms as in 1889
IN cross examination by District At
torney Jerome, DR.. Wells SAID at the
time he treated Thaw in 1899, ne made
no particular study of mental diseases
and had had but little experience along
that line. The witness said ThaW re-
membered some of the things that nap
nenad during his outbreak and was
enxio,,s to apologize TO
nnrse whom he felt he had offended
His Nurse Testifies.
Misc Lillian T. MacBride, of Londonst
1-ofessionaI nurse, as she described
herself. followed DR.. Wells She was
called in to attend Thaw as nurse IN
his rooms in London in July, 1899. InaW
was very restless AND exclteo anu ne e
talk was incoherent. the expression Q.
his face was wild and although he had
no temperature he continually COM
n1ained of the frightful heat. There
was no evidence of alcoholism. ms
acts and appearance Impressed the VIII
ness as irrational
Mr. Iittleton began to read the
question to the experts and to the
Jury at 1890 p. m. He hao reao 1or
/ n minutes only when recess was or
dered.
case will go to the jury WEDNESDAY
night The defense will conclude this
evening. The prosecution will occupy
but a. day of rebuttal and arguments
will be finished during Wednesday,
when Justice Dowling will Immediately
charge the jury
Weather Still Pleasant.
The weather today has been on
par with the weather which has vis-
the beginning of the present year.
m, are are hut few clouds and but lit