The Washington herald., 1908-01-15

Z IA.
counsel began. this morning the introduc-
ton Of the evidence by which they hope
10 obtain the acquiual OF their client on
the ground of insanity
With the first witness. the defense be
gan the effort to lay the groundwork Of
proof by which they plan to make good
the statements made by Martin w. Little
ton. in his opening add 10 the jury.
Several physicians who L2Ee, at various
times. examined ThaW OF his relatives.
were among the days witnesses, Objec-
tions with which their testimony was
met, on the part OF the district attorney,
resulted in abridging their testimony to
the case.
Jerome Balks Defense's Plan.
Dr John 2. Deemar. for example.
Thaw's physician. when the defendant
was child was not allowed to say much
more than that he was nervous
Another physician was called to testify
about ThSws cousin, Horace J. Thaw,
once committed TO an asylum i'm Vir-
ginia. The district attorneys objections
against admitting testimony based on the
confidential communications between
physician and patient prevented him from
giving much information
Similar objections from Mr.. Jerome re-
duced the testimony of other physicians
as to the mental status Of various other
relatives Of Thaw to a rather inconsider-
able minimum. In fact, from the start
the district attorney appeared determined
to resist to the utmost the successful
carrying out of Mr. Littleton's pro-
gramme
Mr.. Jerome was suffering from a severe
cold and was evidently in anything but
an amiable mood He was. however. con
stantly on the alert The net result Of
the days work was not unfavorable to
the prosecution.
May Go 10 Asylum If Acquitted.
Even should Mr.. Littleton succeed in.I
obtaining an acquittal along the lines he
has laid down, experienced observers
fail to see how he can sav4 his client
from being committed to the Asylum for
the Criminal Insane. at Matteawan.
If a defendant IS acquitted OF a murder
charge on the ground Of insanity it is
within the province of the presiding judge
10 send him TO an insane asylum. Should |
this course be determined on by Justice /
Dowling there is no doubt that Thaw's /
lawyers viii fight to the utmost
There seems little ground for belief that
their efforts would be successful should /
Justice Dowling be of the opinion that
an asylum is the place for Thaw.
When court opened for the day there /
an imposing array Of medical /
talent engaged for the defense. Outside /
the rail sat DR.. Graeme Hammond, Or. /
Charles G. Wagner, Or. Smith Ely q |
life. and DR.. Minas Gregory, all of whom
testified for Thaw at the last trial At
the afternoon session DR.. BrittOn d. /
Evans. superintendent of Morris Plains
State Hospital for the Insane. made his
first appearance since the first trial
ExpIOlter of "BraIn-stOrm Theory"
Dr. Evans is the exploiter OF the brain
storm" There is considerable curiosity
10 see how great part this theory viii
play in the defense offered at the second
rial II is pretty certain that it viii re-
,eive some attention from the district at
orney at all events
Spectators who look for diversion were
glad TO see Or. Evans on the job again
His passages at arms with the district
attorney afforded it all the excitement at
endant upon a lively go between we'll
matched adversaries.
The attendance at each session was
small, and there were many empty seats.
Thaw came into court when the day
opened wearing a heavy ulster with its
.ollar tourned up. He sat down at the
table inside the rail next to A.
Russell Peabody. He hardly spoke from
'eginning to end of the DAYS doings.
Few Witnesses Ready.
The afternoon session, like that of the
morning was shorter than the schedule
allied for, lasting only an hour and
alf Four witnesses were examined. the
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