New-York tribune., 1908-05-17
DETAILS OF HERRING.
Experts on the Stand for Greater
Part of the Day.

fCDghkeepsie, y. 4, May lb.-DlStTiCt Attorney
Jerome called Harry K. Thaw the stand at 7:5C
o'clock tonight. The young man walked brisky
the witness chair Mr. Graham objected 10 ex-
-n7irinS tonight, when ii apparent that
the case could be finished This hearing
Nr- Graham further objected TO the proceeding
because he said il would put his client at great
disadvantage 70 have his finished willie Mr..
Jerome had the opportunity Of an adjournment OF
several DAYS in which 10 prepse his experts for
further testimony
Justice Morschauser. bent on getting much
- he hearing & possible finished tonight. was
reluctant 10 adjourn at this stage, and Informed
counsel that II il appeared that the REALTORS rights
had suffered because Of the lapse Of time between
hearings. he would permit him 10 meet il with
further rebuttal proof
Mr Jerome assured Nj Graham that he would
ask Thaw no questions at this time calculated TO
a6 his experts Thaw nodded 10 Graham as If
he were willing TO proceed.
Ny Thaw. do you understand the precise ma
rrre of the proceedings you have iniiated:' asked
M. Jerome.
NJ Graham objected and informed Mr. Jerome
that the proceedings had been started by Mr.
Pearodv as attorney and next friend
You understand the nature Of the proceedings.
Sr. ThaR do you not?'
Thaw hesita+ed. then. turning TO the Judge, said:
- not lawyer
DO rou understand the purpose OF the proceed
t-.s7~ asked Justice Morschauser. 1t is an ac-
ion in habeas corpus. Do you understand whaI
that 1neans?'
NJ Jerome then examined Thaw as follows:
QDo you understand that they are TO e,tc1 give E91
certain rights? A--The rights OF an American
11on.+ ,-ou understand that they TO give
-, tic rigb+ 10 come and 20 AS you please? A
AS an American citizen 1t is to determine whether
0IYou understand that the determination Of this
o2es9n rests @ Tl56 6eTFad f fhat he has no power
~ decide il arbitrarily, but must be governed pS
the weight Of evidence
The evidence taken here7" asked Thaw, and
- o. o.
The examination then continued follows:
o.-You have heard DR.. Flint testify? A--fes
Q.-Tou know his SOM Al have known his
soH, bur not DR.. Flint until saw him n. here s,a-
oisIst expert in mental diseases? A,-No:
Soa M 9aw he The G9qI fssnony Hsf giSen iS3 o by doc
5o-s snd since those retained by me have had no
E on oT to ,,e0si e0nEeFsa oondtion ask you to sub
examination by them Are you "l4llils
Before Mr. Jerome had finished the question the
court told Thaw not 10 answer Mr. GTahan' OF
Thav's counsel, Immediately objected 10 tae ques-
7ion. as taking an unfair advantage Of the young
THESE doctors have already testified that MI.
Thsw is an incurable pananoiac," said Graham.
Then let Us have DR.. Ferris and DR.. Alrsch-
Haid Jerome. They have not testified
Mr.. Graham protested that they were committed
against Thau
The REALTORS rights will be fully protected mere
snd he cannot be forced 10 submit TO the exaIniha-
;lon for which Mr.. Jerome asks; but suggest
that the relator confer with his counsel Perhaps
they raay decide that Il is wise 10 grant the re-
quest said the court
M Jerome said that he would not ask 1or 'he
Examination tonight, but on some morning "heH
Thag had had ample time 10 rest from the sueh-
nous three days ana evenings in court III pelhs
then $40 a cess Was taken until S:A- Thaw ana
his lawyers, Graham and Peabody, went ihto ue
Judges private room confer with Them "eIo
Dss. Pilgrim Evans and JeIiffe.
At s15 o'clock they entered the courtroom anu
Mr. Graham said:
The relator viii submit o personal eAaiiiI"i
under the following conditions:
The court to name six aIenists. Ahenists Sc
lected shall be those who have never had any
previous connection with the case
The counsel for the reator and the Dlstrlct Al
iorney shall agree upon three OF the SIX TO serve
The expenses OF the alienists so selected shaii
oe pasd equally by the county OF New YORK ana
the rela1or
The examination TO be restricted 10 a persohai
rtudy Of the relator. and shall not be founded on
testimony Of previous triaIs
MI Jerome responded that he was surprlSen at
The suggestion brought into court by opposing
counsel. He said: