The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1908-01-28
THAW DEFENSE ENDS
Case Will Probably Be Given Il
Jury Some Time Tomorrow.
MAY GO TO ASYLUM If FREED

MAY GO TO ASYLUM If FREED
Slayer's European Witnesses Strength
en- Defense of Insanity and Add New
Chapter to the Trial-Paris Doctor
Fails to Confederate Evelyn.
New York, Jan. 2S.-The fate of Har-
ny K. Thaw will be in the hands of
the jury by tomorrow night, 1t was
declared at the criminal courts build
ing today. Martin W. Littleton, chief
counsel for the prisoner, finished his
case, and, the rebuttal proceedings to
be brought by District Attorney Je-
rome promise to be brief. Among the
witnesses to be examined on behalf of
the prosecution will be Abraham Hum
mel, the lawyer, now serving a SEN
tence on Blackwell's island, who testi-
fed at the first trial.
In summing up Mr.. Littleton will
take half day, and Mr.. Jerome will
not consume any more time. Then
comes the judges charge and the wait
for the verdict
After the defense completed the in
PRODUCTION of all it's lay testimony Mr..
Littleton began to read 10000 word
hypothetical question to the three
alienists engaged to testify in Thaw's
behalf Drs. Smith Ely Jelliffe, Charles
G. Wagner and Britton D. Evans.
The question covered all the testimony
in the case and had been submitted to
Mr.. Jerome for any objection the pros
ecution had to offer. Only slight
changes resulted.
"Manic Oppressive Insanity"
As the testimony in the present hear
ing has differed largely from that Of
the first trial, so the hypothetical CUES
ton differed from the one propounded
last year by Mr.. Delmas. The evil
dence as to irrational acts or manner
from infancy to the time of the homi-
eide was given precedence over every
other phase of the testimony.
The reading of the question took
several hours, and then DR.. Wagner
was called to express an opinion on
the facts presented In the question.
He said that Thaw was insane at the
time he killed White. Drs. Jelliffe and
Evans expressed the same opinion.
Dr. Wagner swore that the prisoner
was subject to manic Oppressive in
sanity" This is of a recurrent nature,
and the attacks become more severe
as the patient grows older.
Justice Bowling questioned DR.. Wag-
ner concerning the liability in cases of
''manic Oppressive insanity to recur-
renee Of outbursts, He questioned the
doctor at length, and his inquiries were
so pointed as to cause sensation in
the courtroom. DR.. Wagner told him
that there was no telling when an at
tack might occur. The impression was
created in the courtroom that it is the
intention Of Justice Bowling to com
nit Thaw to an asylum in the event
of an acquittal.
After DIR. Jelliffe had completed his
testimony Mr.. Jerome asked for some
time to look into the question Of
"manic Oppressive insanity" The
court refused to adjourn and directed
that recess Of half an hour be takeI
In order to give Mr.. Jerome chance
to book up on this newly introduced
form Of insanity.
DR.. Russell Wells of London testified
that in 1899 he attended Thaw in Lon
don. He was called to see him a.
Claridge's hotel and found him in {
state of acute insanity or subacut'
mania For five days he acted like {
maniac and was threatening and vic
lent, said Dr. Wells.
Thaw's mania developed many
phases. Among others he wantet
twenty tons of ice packed in his room
to keep him cool and ordered DR.. Wells
to engage corps of twenty nurses
| with commander, to patrol the room
continuously.
Fails to Corroborate Evelyn.
! DIR. Maurice Gauja of Paris failed Il
corroborate Evelyn Thaw's testimony
concerning the attempt made by Thav
| to kill himself with laudanum at thu
Palais d'Orsay. DIR. Gauja said h
found Thaw in great pain, vomiting
freely, and was inclined to believe h'
had been poisoned It was hard to &c
| the facts, he said, because Thaw was
| in state of coma, and the young wo
man in the room was unable to speal
| French.
| Upon cross examination by Mr.. Je
rome Or. Gauja testified that the cas-
looked like ptomaine poisoning. HI