The sun., 1908-05-15
TESTIMONY FOR THAW ALL IN
COUNSEL RESTS MS CASE AFTER
CALLING FOUR WITNESSES.

IOTHHKEEPSIE, May a. marry n, lnaN
counsel in the proceedings brought before
Justice Morschauser OF the Supreme Court
n Dutchess county 10 secure Thaw's re-
loase from Matteawan State Asylum for
the Criminal Insane surprised District
Attorney Jerome, who represents New York
,a the case. by resting his case to-day after
me testimony oGonly four witnesses.
lanes G.. Graham. counsel for Thaw,
snilousy RETAINED from qualifying any
rf the Witnesses as experts. although they
we're all of the medical profession, and con-
tented himself with putting on record the
lclsf " the witnesses az lavmen that Thaws
.,htvior from the time Of his first i'm
rHyonment in June. 1905 to the present
time was sane and rational Grahams
action in thus restraining himself to the
r.fiblishment Of a skeleton prima faCie
,I,., 10 show the present sanity Of his cl-
cq, indicated that he has determined 90
n,t,ern after the method used by Jerome
Himself in the two trials Of Thaw for muir
dor and that he will make his clients fight
IN the case one Of rebuttal Of Jerome's eS-
rsrt witnesses Whatever experts in in
sarity testimony that Graham may have
will only be called to traverse the case that
District Attorney Jerome will now have 10
tuild up.
Although Graham's sudden shifting Of
the weight Of proof onto Jerome's shoulders
caught the District Attorney Of New York
county unawares. and he. finding himself
suddenly forced to begin putting his own
vItnsssss on the stand. tried unsuccessfully
10 spar for time with Justice Morschauser,
several Of the witnesses Thaw's counsel
pIt on the stand stultified to some extent
the initial outline Of the case Graham put
IN, and in one instance a witness made
admissions of a statement made by Thaw
while he was an inmate Of Matteawan
which, while Of no importance TO Jerome
in the present case, would have had strong
hearing in the two trials for murder In
those instances Jerome had been unable,
because Of the hampering rules Of evidence,
10 get this statement before the Court.
Dr. Charles Z. Lane Of Poughkeepsie
vas being cross-eXamined by Jerome as
~ a conversation he had with Thaw last
month when he had been sent to the prisoner
At the behest Of Graham. Jerome asked
the witness what Thaw had said about the
killing OF Stanford White.
He said that he had shot Mr.. White on
the impulse Of the moment replied the
doctor
Did he make any further remark on the
circumstance2' asked jerome.
He said that he had done it on the ir-
rational impulse Of the moment replied
Dr. Lane.
The witness continued TO say that ThaW |
had spoken no regret for his act and that
he made no mention Of having been driven
to the commitment Of the crime by divine |
impulse. He assigned no reason whatever
for the motive Of the act.
The witnesses on whom Thaw's counsel |
relied to put in his prima faoie case Of
sanity were DR.. Frank A. Mcguire. Tombs
physcan; Henry A. PaTr, dentist who
had attended Thaw both in the Tombs
and at Matteawan; DR.. Charles E. Lane and
pr. John p. Wilson, the two latter local
phvsicians who had visited Thaw during
his confinement in Mstteawan and later
curing his past weeks stay in the county
Jail here.
When court opened District Attorney
Jerome and his assistant. Frank Garvan,
appeared with only three witnesses in their
train. They we're DR.. Carlos Macdonald
and DR.. Austin Flint, the two specialists
On insanity who had given testimony for
the prosecution at the trials for murder,
and Dr. Ames 7. Baker, assistant superinten.
dent at the Matteawan asylum, who asserted
in the present suit that he believes ThaW
to be at the present time paranoiac.
Mr. Graham made preliminary motion
for the discharge OF Thaw from the asylum
On the twofold ground that he was not in
sane at the present time and that he was
Icing held In the asylum illegally. In
arguing the latter point before the Justice
the attorney said that Justice Bowling had
sent Thaw 10 Matteawan under statute
which Is unconstitutional, In that il provides
for no examination as TO the mental COIL
dltion OF the one committed and gives no
opportunity for the taking Of testimony
on that point. Justice Bowling had based
the ground for his action in committing
Thaw on testimony rendered st the trial
on the murder charge, urged Graham,
which was a proceeding entirely extra
icgal.
The Court reminded Thaw's attorney
that he had raised two issues and that II he
Intended 10 argue the constitutionslity Of
Ihaw's commitment he should confne him
self to that point alone before taking testi-
mony in support Of his contention Of Thaw's
present sanity
II counsel for the relator has confidence
in his contention that the commitment was
illegal he would save a great deal Of time
and lots OF money in oonhning himself to
that issue alone,S interposed Mr.. Jerome,
and Graham, taking the hintIfrom the JUS
ire that he would do wisely not 70 mix the
issues proceeded with the examination Of
lls witnesses.
Dr. Frank A. Mcguire, the Tombs physi-
ran, told on direct examination Of the !
talks he had had with ThRw while he was a
prisoner at the Tombs and stated IL as his
belief that Thaw was not insane at the time
hc was inoaroerated there
Mr. Jerome scored point against Thaws
counsel by calling the attention Of the Court
10 tho fact that while Graham had dis
'ncrly stated that he was not qualifying
nr. Mcguire TO testify as an expert he had
asked him questions which called for eI- .
pert answers, and 80 the record stood before
the Court, with one Of the five experts al
luwod by the Justice to each side giving
testimony inadvertently which was not BY
rs nature qualified as that OF an expert.
On cross examination District Attorney
Jerome further stultifed the worth OF
lhags first witness by drawing from him
An admission as to Thaw's mental state
shortly after the shooting which would
have been invaluable TO the District At
turney in the murder trials and which did
10, add 10 Thaws assets In the present ,
action Or. Mcguire had testified on cross
examination that Thaw had said that
spWe one had placed him in draughty ,
coll IN the Tombs and that he feared pneu- :
o. 0Nia
Didn't Thaw also say to you at that
ne quered Mr. jerome. that he was !