Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-05-15
TO GAIN THAW'S LIBERTY.
Continued from Page one.)

certive and perfectly responsible. I'm
my opinion he was RATIONAL said DR..
Mcclure, land that was nv opinion
when he left the Tombs."
The only time, DR.. Mcclure said,
that he ever saw any emotional eH-
citability in Thaw's conduct was in
the fall of 1906 when Thaw complain
ed of draught in his cell which made
him fear pneumonia. HE told me
| that il wouldn't look well in certain
newspaper that he had caught cold In
the Tombs through neglect" said DR..
Mcclure. II saw that he was irrita-
BILE and left him."
| Mr.. jerome on crOsS-eXamlnatlon
| asked Dr. Mcclure if Thaw did not say
that there was a plot to have him
! catch pneumonia and that he was
| afraid of being shot in his CELL The
| doctor said he did not hear Thaw say
that, Dut had heard Thaw quoted as
having said it.
| The court ruled that Mr.. Graham
had qualified DR.. MCGUIRE as an expert
by the form of his question asking his
opinion as to Thaw's mental condition
| At one point in the argument court
ruled that the burden of proof was on
| the relator, Thaw, as he was not on
| trial under a criminal charge. This
ruling took Thaw's attorneys by sur
| prise and Mr.. Graham said that he had
not anticipated such an opinion from
| the court.
At this point recess was taken.
There was a report outside of court
| that if Thaw is released he will be re-
arrested on the ground that he has
| made threats against woman and a
| New York county official. When asked
about the report, Mr.. Jerome declined
to discuss it.
| When the afternoon session opened
| Mr.. Graham called DR.. Charles E.
| Lane, a local physician, who said he
| had seen Thaw four times since April
"a, 1908. He talked with Thaw about
| his attendance at schools, his health
and habits Thaw told him that his
Only difficulty at Matteawan was a
misunderstanding as to who should
pay for tuning the hospital piano. He
disliked playing on the piano because
il was out of tune and he feared that
the hospital people would think it due
to bad execution on his part.
"Thaw told me that he had no emni-
| ty toward anyone, and intended no
harm to anyone" said the witness. Il
told him that l had seen in the papers
that Mr.. Jerome feared his getting out
and he answered that he had no de-
| signs on Mr.. Jerome and he did not
believe that Mr.. jerome felt any fear
of him. He said he thought Mr. jerome
did what he deemed to be his duty, al
though he regarded Mr.. Jerome as be-
ing somewhat cratic"
Mr. Jerome, who had been making
notes of the testimony, looked up ana
smiled DIR. Lane continues:
"Mr. Thaw told me that he had no i'll
feeling towards anyone connected with
his prosecution. I found him to be in
perfect physical condition He was
not irritable His memory was good.
His opinions and judgement as eX-
pressed on various general subjects
seemed good. He discussed one of Mr..
Jerome's speeches during his trial but
without excitement"
Questioned by Mr.. Jerome, Mr..
Graham said that he did not call DR..
Lane as an expert.
Mr.. Jerome then moved that all tes-
tmony by the witness save that which
recounted conversations and conduct
be stricken out of the record as in
competent. The motion was sustained.
CrCss-examined by Mr.. jerome, DR..
Lane said that he was retained by Mr..
Graham and expected to be cOmpen~
stated.
Ibid you not think it strange that
after many expert aliensts had eXaln-
ired Harry Thaw you should be called
as an ordinary medical practitioner to
Judge of his sanity?" Il was not so
impressed" answered the witness.
"How long have you lived in Duchess
county?" asked Mr.. Jerome. "Fifty-two
years" answered Dr.. Lane.
Ever take part in politcs?' Il OBJ
ject," interrupted Mr.. Graham.
Question withdra wn,' said Mr.. Je-
rome before the court could interfere 81
had heard that Duchess county politics
were a great sharpener of the intellect"
Mr.. jerome brought out that Thaw told
Dr. Lane that Stanford White had threat
ened to shoot him and had detectives fol-
lowing him Jerome then asked the doc
tor if he did not understand that delu-
sicns were a feature Of oaranoia and
that paranoacs were usually very cum
ming Dr. Lane answered in the affirm
| awe. tie SAID tHdI UdN tDil HIM he
had lost two pounds in weight while in
Matteawan.
Pressed by Jerome, DIR, Lane said that
1haw told him that he killed White
through IAN irrational impulse at the
time
did he say anything about Divine
suggestion asked jerome. "He did
not"
DR.. Lane said Thaw showed him notes
which he made of Jerome's speeches
during the trial Jerome asked Thaw's
counsel to produce them. The request
was refused. DR.. Lane said tat the
notes were typewriter. They were ra-
tionally expressed.
DR.. Lane said that Thaw told him that
he had heard that White had hired three
of Monk Eastman's gang to follow him.
Ibid it not seem delusional that one
of New York's greatest architects should
employ thugs to dog the footsteps of the
young MANI" asked Jerome ut did not.
have heard of such things Being done -
MI. Graham brought out that Thaw