The Montgomery advertiser., 1908-05-17
THiM'S FATE
 IN BALANCE 10th Sides Rest Their.
 Case. THE DECISION IS RESERVED Harry Ihaw Takes Stand in His
 Own Defense. He Was Questioned By District At torney Jerome. But Was Not Examined by the Prosecu- tion's Expert Aneni.ts.
 

Poughkeepsie. N. r.. May 1s.-Harry Tkaw took the stand in his own de- fense ct 7:3o o'clock tonight and was questioned by District Attorney Jerome.
 Both sides rested at s:l5. Thaw will not be examined by Jerome's ex- pert alienists. Decision reserved. Thaw remains in jail here until decided.
 pr. Robert Christy. of Allegheny. Pa. professor of systematic theology of the Western. University. was the first witness called by Graham in re- buttai at the afternoon session He went to London in June 1899 in re- sponse to a cablegram from Thaw, who was sick. He found him rational.
 Professor Brasker Testines.
 John H. Brasher, a professor of as- tronomy, testified to conversations he had with Thaw in the Tombs and in the Poughkeepsie jail. They discussed scientific and popular subjects includ- ing the navigation of the air. Thaw, the witness said, was rational In ev- erything he said. While in the Tombs. Thaw gave him money to buy books for certain other prisoners. CrosB ex- amined by Mir. Jerome, the witness said Thaw told him the whole trouble was due to Whites badness. He never said anything that acknowledged any fault on his own part.
 "He said that White was such a bad man that somebody had to do away with him." said pr. Brasher.
 What else did he sayT'
 He spoke of new lawyer in his case whom he called Mir. A.. and said that he believed he was man who would be able to cope with poor. ill-ad-. yised Jerome"
 Dr. Smith Ely JeliifSe. specialist in mental diseases. was called by Mir. Ora ham. He observed Thaw during both trials and has seen him at least six times in Matteawap. Ills opinion. he said, was derived from the sum total of his observations. Dr. Jelline; said hour to two hours on each Of his vis- It's te Matteawan They talked on many suhiecte. which the witness was rennared to relate in defafh %
 8r. Jeiliffe was handicapped by not having his notes with him, as thereuurt ruled that he must tell whst he sal. said to
 .pr. Jeliiffee saia that Thaw told him that he refhernbered very little of the circunastances surrounding the shDots inR of white. He remembered seeing little but the glare of the mans eyes. Thaw said that he was never conscious of being intoxicated. although people had said he was He denied ever us- T,r Ieiiire. after he had been called to order several times for not making his testimony conform to the rules or evidence. observed T could rememDer more but don't know that can make 1t conform to the rules or tnis Oecs' sion.'' axx, .,,,,
 Justice Morschauser said; We VII take a recess for ten minutes and per, hans the witness can refresh ms meH> orY In that time"
 When the hearing vas resumed to- day, James c. Graham. who mas sumed charge of the case for the peti- ttcner continued the presentation or syiSence in support of the contention that Thaw Is sane.
 Michael Cummings and Lawrence J. creery. keepers in the Tomps prlson' testIAed to conversations with IhaW' and said that his actions aiwayS '''' Trr Tarifton D. Evans superintendent o, tha New Jersey State Hospital TOT inc Insane at Norris Plains. N. J., Was s then nut on the stand as an expert HI
 pr. Evans was prepared to testily that Tbaw is now sane, but u was hot until after a lively tilt with MT Jerolns o,l,s S..1s,o,, of Dr. Evans in the minutes Tne doctor said that he based ms eanciusion, wholly on the actual con sftttoy of the man as he saw nlm ouI- ing his last trial and in several Vlslts to him at Matteawan. MT Jerome hrourht out the fact that Dr. Evans excluded from this consideration the letters and codicil of Thaw-everythins in fact. pertaining to Thaw prior to the Nrst trial, so far as he was aoie 10 divert the impression of those facts from his mind. Over objections oy Mr Jerome. the court admitted the doctors opinion
 HT regard Mir. Thaw as now per fectlv sane, free from delusions and tn nossesston of no hallucinations which would indicate a diseased mental state" said pr. Evans
 SWhfle pr. Evans was on the stand. rr Charles W. Pilgrim entered court and took a seat. pr. Pilgrim Is Su- narintendent of the Hudson River State Hospital for the Insane at PoughI< es Ysie. and former president of fine State Lunacy Commission. He has beep retained es one of Thaws ex- merits and he visited him Tn the Tombs and at Biatteawan and at Poughkeep- sic. pr. Esans recounted his conver- satfons with Thaw during four visits to Matteawan.
 q advised him tc go on the stand in open court" said the witness T told him that believed he could go