The Washington herald., 1908-05-15
THAU'S CASE HEARD
Burden of Proof Placed for
Jerome by Counsel.
WANTS NO EXPERT TESTIMONY
Attorney for Prisoner Calls Phy-
stefan to stand, but Guards Against
Giving Defense an Opportunity 10
Use Witnesses in RebuttaI - Je-
rome Caught on His Guard.

Pougkeepsie, May Hilary K. Thaws
counsel in the proceedings brought be-
fore Justice Morschauser, Of the Supreme
Court of Dutchess County. to secure
Thaw's release from Matteawan State
Asylum for the Criminal Insane, surprised
District Attorney Jerome, who represents
the New York authorities in the case. by
resting his case to-day after the testi-
mOny OF only four witnesses.
James G. Graham, counsel for Thaw,
studiously refrained from qualifying any
of the witnesses as experts. although
they were all of the medical profession.
and cOntented himself with putting on
record the witnesses belief as laymen
that Thaw's behavior from the time Of
his first Imprisonment in June, 1906, to
the present time was sane and rational
Graham's action in thus restraining HIM
self TO the establishment Of skeleton
prima facie case to show the present
sanity of his client indicated that he
has determined 10 pattern after the
method used by Jerome himself in the
two trials of Thaw for murder and that
he will make his clients fight in the case
one of rebuttal of Jeromes expert wit
nesses.
Whatever experts in insanity testimony
that Mr.. Graham may have viii only be
called to traverse the case that District
Attorney Jerome viii now have to build
up. Although Grahams sudden shifting
of the weight of proof on to Jerome's
shoulders caught the district attorney Of
New York unawares, and he, finding him
self suddenly forced to begin putting mis-
own witnesses on the stand, tried unsuc-
cessfully to spar for time with Justice
Morsehauser.
Makes Damaging Admissions.
Several of the witnesses that Thaw's
counsel put on the stand stultihed to
some extent the outline Of the case Gra-
ham put up, and in one instance a wit
ness made admissions Of a statement
made by Thaw to him while the former
was an inmate Of Matteawan, which.
while Of no Importance TO Jerome in the
present case. would have had strong
bearing in the two trials for murder. In
those instances Jerome had been unable,
because Of the hamDering rules OF evi-
dence, to get this statement before the
court
Dr. Charles E Lane. OF Poughkeepsie,
was being oross-examined by Jerome as
90 a conversation he had with Thaw last
month, when he was sent to prison 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
witness.
Did he make any further remark on
the circumstance asked Jerome.
He said that he had done 1t on the ir-
rational impulse Of the moment. 4" replied
DR.. Lane
No Regret for Act.
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 a 1i-
vine impulse. He assigned no reason
whatever as the motive for the act
The witnesses upon whom Thaw's coun-
sci relied to put in his prIma facie case
Of sanity were DR.. Frank A. Mcguire,
Tombs physician; Henry A. ParF. a den
tist. who had attended Thaw both in the
Tombs and at Matteawan: Dr. Charles
E. Lane, and Dr.. John P Wilson, the
Two latter local physicians who had visit
ed Thaw during his confinement in Mat
teawan. and the other during his past
weeks stay in the county jail here.
After Mr.. Graham had announced that
he closed his case, Jerome called DR.
Flint TO the stand and Immediately at
tempted to introduce into evidence testi-
mOny Of the last murder trial and the
codicil Thaw had written TO his will on
the eve OF his wedding. After a long
struggle on the part Of Thaw's counsel
the justice allowed this to go into evi-
dence.
Jerome contented himself with drawing
from DIT Flint his opinion as an expert
that Thaw was at the time OF his trials
for murder paranoiac and that sufferers
from this form Of dementia are the most
dangerous Of all lunatics If allowed their
liberty The justice having decided upon
night sessions because Of the press of
business on his calendar. Graham con-
tinued his crOss-examination of Jerome's
first expert after dinner the witness for
the most part remaining unshaken in his
testimony.
Calls Letters DeIusiOnaI.
Graham took up DR.. Flint's characteri-
zation OF Thaws letters to his attorney.
Longfellow, as delusional. going through
them in detail and attempting to have
the witness qualify his testimony in par
ticular instances. In this Thaw's attor-
ney failed
The case viii continue tomorrow.
At adjournment tonight an unusual in
eident occurred. When Thaw was being
taken back 70 HIS quarters he happened
to pass near DR.. Flint, who had Just left
the stand
"Oh, doctor" said he. Il thank you for
that kind message you sent me through
Mr.. Peabody at lunch to-day"
Dr. Flint looked puzzled. but made no
reply. Subsequently he told the reporters
that he had sent no message to Thaw.
He had just finished testifying about de-
lusiOns.
wife Causes Show Manager. Arrest.
Fred Sergeant, manager of the ''WorId
Beaters.' playing at the Gayetv Theater
this week, was arrested by Policeman
Connor. Of the First precinct, about Q
o'clock last night, on a warrant charging
nonsupport. The paper was sworn ont