The Washington herald., 1908-01-28
THAW DEFENSE Is IN
Maniacal Oppressive Insanity
His Mental Trouble.
CASE WITH JURY THURSDAY
Court May Even Hurry K Forward
One Day-HummeI Testimony 10 BE
Taken at Bedside in Penitentiary.
Hypothetical Question Put 10 Ex-
perts-JcrOme's Examination Brief.

Hypothetical Question Pat 10 EN-
perts-JcrOme's Examination Brief.
New York, Jan. 97-The defense Of
Harry X. Thaw to the killing of Stanford
White closed at 6:30 o'clock this even
ing
It is not expected that District Attor-
ney Jerome VIII take more than a day in
rebuttal Summing up will probably be
on Wednesday.
Justice Bowling. who has a great regard
for speed, may charge the jury on
Wednesday evening. 1t is more likely he
viii send the case TO the jury on Thurs
day morning
This trial has been shortened by two
months as compared with the first trial.
Although the hypothetical question was
long Martin w Littleton. Thaws coun-
sci read it in such rapid fashion he did
not take over an hour and a hale Only
three experts were examined, and after
a brief direct examination they were dis
posed of by Mr.. Jerome all inside Of an
hour.
May Cali No Experts.
Jerome had not made up his mind on
the subject tonight. but il is doubtful if
he will call any experts Up TO this even
ing he did not have a hypothetical ques-
tion ready. He has had none of his
alienists in court
1t was the general impression that
mony Of the three experts for the defense
He made no attempt TO treat their evi-
denCe seriously. AS an example of his
attitude toward them he was satisfied
when he got from Dr. BritjOn ID. Evans
the admission thar, at the last trial, he
swore Thaw Killed White while he was
suffering from a brainstorm.
II there IS no hitch I'm the plan of this
evening the testimony OF Abe Hummel
about the affidavit he says Evelyn Nesbit
made in his Office against Thaw will be
taken from his bedside i'm the pcnitenuary
on BlackWells Island.
Jerome said he received word from the
doctor that Hummel was so sick he could
not be removed from his bed
LittIeton Refuses Consent.
Jerome wanted Littleton 20 consent TO
Hummers testimony at the last trial be-
ing read. Littleton made some remarks
about Hummels reputation for suborna-
tion Of perjury and refused 10 consent
Justice Bowling announced that Hum
mels testimony would be taken this even
ing. Justice DowIing, the lawyers for
both sides and newspaper men viii be
present il is understood. The jury viii
not. as HummeTs deposition viii be read
to them.
What Thaw suffered from when he was
in Europe when he killed White, and az
other times was maniacaI Oppressive in
sanity. according 10 the testimony to-
day This form of insanity is a combina-
ton Of excitement and melanchOlia Il is
recurrent and there is no way OF telling
generally when person who suffers from
IL may suffer another attack.
Judge Asks Questions.
This phrase of the disease interested
Justice Dowling. who asked the experts
some questions which may have a bear
ing on what viii happen to Thaw, should
the jury acquit him on the ground OF
insanity
The manlacal Oppressive insanity was
introduced by Dr. Sydney Russell Wells.
of London. who told of Thaw jumping
around in his pajamas, soaring a nurse,
and the next morning calling for twenty
tons of ice and a squad Of nurses.
Other foreign witnesses told of things
Thaw did abroad. They said he did not
have delirium tTemens.
The doctor who treated Thaw after be
is said 20 have attempted suicide in Paris
by taking Iaudanum, testified he pumped
him out. but did not say he found traces
of laudanum.
The defense did not succeed this time
in gettins ia the will Thaw made on the
day OF lis marriage TO Evelyn Nesbit.
one of the last things decided by Justice
Dowling was that it had not been prop
erIy identified as being in the same con-
diton us when it was made,
Hypothetical Question Put.
The reading Of the hypothetical question
was resumed after recess. Littleton
made fast Job Of it, He ratified off the
question with few pauses. It took him
about an hour and a half 10 dispose Of
some 1900 words.
The question embodied the testimony
from Mrs. William Thaw and other men,
bers Of the Thaw family of insanity in
the Thaw family; the testimony Of the
foreign doctors and nurses at the morning
session, describing Thaw's manner as
wild, staring, and maniacal depression;
the trip to Paris by Thaw and Evelyn
NesBit and of his offer TO marry her,
and her refusal, and concluded with her
explanation that she could not marry
him because Of her relations with White.
Thaws efforts 70 get Anthony Com
stock interested in prosecuting White ana
what he told him were Incorporated Ia
the question together with the details Ut
what happened at the Cafe Martin the
night Of the shooting. and what occurred
on the roof garden that night, The testi-
mOny Of each witness a s to Thaw's man
ner and actions was reviewed, as was the
testimony of the members Of the coroner's
jury. who said Thaw was irrational.
Thaw's Insanity.
After Lttleton had finished reading the
question there was a recess because Dis
trict Attorney Jerome was before the
grand jury. Jerome was still before the
grand jury when court reconvened. but
DR.. Wagner was called TO the stand.
He said it was his opinion when he
examined Thaw in the Tombs he was of
unsound mind. It was his belief also that,
assuming the statements in the hypo-
thetical question were correct Thaw was
of unsound mind on the night that he
killed White and did not know the nature
and quality of his act, and that it was
wrong. the last being the legal definition