New-York tribune., 1908-05-17
THAW ON THE STAND
Continued from first page.

| them I would deserve be committed Iunatic
asylum myself II this is all Mr. Graham has TO
offer rest"
That ended the far the taking OF evil
dence concerned the reIator having rested
with the testimony OF Mr.. Stillman. Thaw left
the witness stand and returned his seat by his
counsel. Mr.. Graham unwilling make
gument on the testimony tonight. adjourn
ment taken under this arrangement:
Mr.. Jerome is to submit a memorandum the
constitutional question raised by the reator mail
ing it 70 Justice Morschauser at White Plains
Monday and sending copy at the same time to
Mr. Graham
Mr. Graham is o submit a brief the constitu-
tionaI question not later than Wednesday setting
his authority for asking the court to declare
the commitment of Thaw to Matteawan unconsti-
tutional.
he desired none on the insanity question. the
| testimony fresh In his mind and he would
have the minutes all before him tomorrow, three
stenosraphers having worked in relays in taking
the testimony
Both sides agreed 20 offer no arguments. and
Justice Morschauser said that he would probably
be ready to hand down decision on Monday. May
IS In the time Thaw is to remain. by order
Of the court, in the custody Of the Sheriff as
officer of the court. This means that Thaw will
continue to occupy Sheriff Chanler's private room
In the Dutchess County Court house
Justice Morschauser has given no hint Of his
intention. and opinion Is divided among those who
have heard the testimony throughout the trial
Whichever way Justice Morschauer decides. the
case will go the Appellate Division in Brook
lyn and both sides will be prepared to argue the
appeal the June term of that court
When the hearing reopened to-day Mr.. Graham
resumed the presentation of evidence in support of
the contention that Thaw is perfectly He
called Michael Cummings and Lawrence j. Creery.
keepers in the Tombs Prison. both of whom testi-
fed that Thaw had impressed them at all times
being
Dr. Britton D. Evans superintendent of the New
Jersey State Hospital for the Insane. then
called expert for the relator. He said that
he thought that Thaw was now sane. but 1t was
only after lively tilt with Mr.. Jerome that Mr.
Graham could get the experts opinion on the min
utes. Mr.. Jerome cross-examination of the
witness. brought out that DR.. Evans had based
his opinion on observances of the prisoner after
his trial and had excluded from consideration
Thaws codciI. letters and other matters pertain
ing 10 Thaw prior his first trial. The court ad-
mitted DR. Evans's testimony over Mr. Jerorne's
objections.
DR.. Evans said that he had advised Thaw TO
take the stand in his behalf believing that
he could convince the court of hls sanity. He
said that Thav feared the severe cross -exa nina
ton. In two cases. Or. Evans said. Thaws
letters showed evidence of mental irregularity. but
the symptoms did not show that he was para
noac
Under Mr. Jerone's severe cross-examina tion
DR.. Evans admitted that Thaw was insane when
he shot White when he was in the Tombs and
when he the will which has figured in these
proceedings. There were several minutes of repair
between the witness and Mr.. Jerome which
| oocasioned much nerrirsnt in the courtroom.
During DR.. Evanss cross examination Mr. Je
rome read extracts from the witnesses testimony
given at the last trial of Thaw in New York. in
tending to show that DR. Evans's opinion was not
widely different from that OF the peoples expert
Recess taken for luncheon after Warden Flynn
and several keepers of the Tombs had testified
that Thav's conduct always rational
The District Attorney and Thaws counsel were
called by Justice Morchauser and questioned con-
cernng the calling of Thaw to the witness stand
The justice said that IT his intention to ques
| ton Thaw and exclude women from the court
room.
| o1osy the Western University. of Allegheny.
| Penn. the first witness called by Thaw's
counsel in rebuttsl az the opening of the afternoon
session. He said that ne found Thav rational
| after examination in London 1899
John II. Brasheer, professor Of astronomy az
the same institution. said that he had talked with
| Thaw many times and found him rational. He
said that Thaw had told him that Whites death
was practically an intervention OF Providence
| H. bad" Thaw had said, that some one
| had kill him
| DR. Smith Ely Jeife. specialist in mental dis
! eases was called and his competence ex-
pert conceded by Mr.. Jerome. The witness was
| without his notes. and Mr.. Jerome criticised him
I
| having said that Whites death OF
| Providence. He said that he found him at
| the last examination.
| Mr.. Jerome read the testimony given by the wit
ness at Thaw's last trial in New York in which he
| said that Thaw insane when he married
! Evelyn Nesbit and when he shot White. and DIR.
/ JelIiffe admitted that the report correct. in
answer Mr.. Ciraham's question Dr. Jellife said
that he saw nothing delusional in Thaw's codicil-
DIR. Charles ". Pilgrim. superintendent of the
| Hudson River State Hospital for the Insane, was
| the next witness. He said that DR.. Baker. at Mat
| teaw&n. had told him of Thaw's condition. and
| that had agreed with him that Thaw was
| ratio but noticed nothing that would indicate
mental disturbance. He is eccentric and erratic,
| added Dr. Pilgrim. ''but think he is sane
Witness said that he did not know that Thaw
had attempted suicide in Paris by taking Iaudanum
He said that the only fear he would have II Thaw
| we're set the effect of alcohol him,
should he use it. There several objections by
| Thaw's counsel during DR.. Pilgrims testimony
Edward Stillman, deputy county clerk. told Of
| conversations with Thav in the courthouse at
! Poughkeepsie. and said that he appeared rational
and normal At s:45 o'clock a recess taken 10
hermit Thaw and his counsel to confer his TAX
ing the stand The relator than rested. and Dis
| trict Attorney Jerome then called Thaw TO the
| stand.
roANeAri ANTfC TRAVELLERS.