New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1908-05-15
THAW HEARING BEGINS
MUCH PROGRESS MADE.
Prisoners Counsel Rests Case WITH
out Calling Whhe's Slayer.

pourbkeen.ie n y Nav f4-With the proceed
ings accelerated by the decision of Justice Mors
Chauser in practically continuous SEES
sion from Q clock in the morning to 10 al n'sht
considerable progress made IN the supreme
Court here to-day with the nearing Whlch is eH-
pected to determine whether or not Harr! N ina"
shall be liberated from the Asylum for Cr1nlihal
Insane at Matteawan. where he was lodged follow
ing his acouittaI on the ground insanity of the
charge of the first degree for the Killing
of Stanford White.
Following the settlement OF the preliminary legal
points which included ruling by the court that
the question of Thaws sanity and OF the consttu-
tionaIty OF his commitment would be proceeded
with Simultaneously. James G. Graham. of Thaw's
counsel. opened the presentation OF his case ny
calling several physicians, among them l'r FRANK
H Mcclure. superintendent of the TombS prison,
in New York City. and DR.. Charles F. Lane, a
physician of Poughkeepsie, who testified as TO
Thavs apparent nationality during his connne-
ment in prison and in the Matteawan asylum.
DR. Mcclure the only of the REALTORS
witnesses who qualified expert. All the medi-
cal witnesses were sharply cross-examined by Dis
trict Attorney Jerome. Of New York, appearing to
oppose Thaw's release.
During the afternoon session Thaw's counsel
rested their case without having placed Thaw on
the stand or having presented their expert testi-
mony. District Attorney Jerome then proceeoeo
with his case. on the anding that the re-
lstor's holding their expert witnesses
for rebuttal.
Mr.. Jeroma's witness of the day, except TOT
his questioning of Mr. Peabody minor point.
was DR. Austin Flint of New York. expert on
mental diseases. DIR. Flint the stand almost
continuously from the middle Of the afternoon ses-
sion until adjourned. at 10 o'clock o-nIght
He repeated his testimony at the second Ihaw trai
to a great extent. characterizing Thaw as para
noiac. the victim of disease from which, he de-
cIared the patient never RECEIVERS Thaw's general
behavior. his letters, his WILL his alleged halucna
| tions. all described by the physician as en-
phatic symptoms of paranoia DR.. Flint was under
cross-examinaton by Mr.. Graham when court ad-
journed until 10 o'clock tomorrow morning.
DR. Frank Mcguire. the TomDs physician was the
first witness called by Mr.. Graham. He said that
he examiner in 1unacy. District Attorney
Jerome scaused a laugh in the courtroom when he
said IF he IS being qualified expert. we will
admit that he is expert" The court has ordered
that the number of experts each side be limited
to five and Mr. Jeromes cleverness in the move
Immediately noted, but Mr.. Graham said that
the witness not being qualified expert.
DR.. MCGUIRE said that he had visited Thaw in the
Tombs almost every day during the latter's i'm
prisonnent there had found him rational and
responsible and that he when he left the
Tombs. On one occasion Thaw had complained TO
DR.. Mcguire of draft in his cell and had said
that he feared pneumonia. The prisoner had told
DR.. MCGUIRE that it would not look well in a
tain New York newspaper If it was said that he
had caught cold through neglect in the Tombs. DR..
MCGUIRE said he saw that the man was irritable
and left him.
In cross-examination Mr.. Jerome asked the wit
ness If he had heard Thaw say that there was
plot TO have him contract pneumonia and that he
feared being shot in his cell. Witness said
| had not heard Thaw make the remarks in person.
but had heard him quoted to that effect. In view
| of the form Of questioning which Mr.. Graham EN-.
ployed on the witness the court ruled that the
former had qualified the latter as an expert. This
and the courts ruling that the burden of the proof
was on the reiator, Thaw. who is not being tried
on criminal charge, caused much surprise among
the Thaw attorneys.
During the there was persistent
| rumor that if Thaw released he would be
! rested at once for having made threats against
| certain woman and New York public official. Mr..
| Jerome said that he could not discuss the matter.
At the opening of the afternoon session Mr..
| Graham called DR.. Charles E. Lane, of Poughkeep
! sic physician of twenty years practice. The
| latter said that he had Thaw four times since
April "a. 1908, and had talked with him various
! subjects. Witness said that Thaw had said the
only difficult which he had experienced at Mattea
a misunderstanding the tuning of
| the piano. He had said that he wanted the piano
! tuned that people would blame him for poor
| execution when he played the instrument.
He told me-" said DR.. Dane that he had
/ nifty toward no one. 1 told him that had read in
the papers that feared his getting out.
and he said that he had designs the District
! Attorney and that he thought Mr.. Jerome felt
fear of him. He said that the District Attorney
was doing what he thought his duty although he
! regarded Mr. Jerome being sometimes cratic
The District Attorney Joined in the general laugh
/ at his expense.
| Mr. Thaw" witness continued said that he had
no i'll feeling toward any connected with his
| prosecution. l found him perfect physical
dition. He not bic. his memory good,
! and his opinions and judgment on various sub
! jects seemed good. He discussed one of the Dis
trict Attorneys speeches during his trial without
| excitement"
j Mr.. Graham said that he did call DR.. Lane
! an expert, and Mr.. jerome moved that all the
witnesses testimony except that which recounted
! conversation and conduct be stricken from the
records as incompetent The court granted the
motion
DR. Lane admitted during cross-examination by
the that he had been retained by
| Mr. Graham and expected TO be compensated. He
said that think it strange that he should
! be called on to Judge of Thaw's sanity after many
| expert alienists had examined him. He said he
| had lived ffty-two years in Dutchess County. and
Mr. Jerome asked him IL he had ever been in pol
| tics
Mr. Graham objected to the question. the
District Attorney withdrew it. DR.. Lane admitted,
! IN MIR. Jerome's questions. that Thaw
| had said he feared detectives who hired by
Stanford White to follow him. and that White
| had threatened 10 shoot him. He said that para
noiacs usually cunning and suffered from de
| lusions Thaw the witness said, told him that he
| had killed White through irrational impulse at
| the time
Dr. Harry A. Parr. New York dentist. was
called and said that he had attended the prisoner
! in the Tombs and at Matteswan. and had found
| him calm and rational He said Thsw did not com
| plain Of bad treatment by the keepers or attend
|
| DR. John P Wilson. Of Poughkeepsie. vas called
| but not qualified expert. He said that Thaw
irritable although he had tried to irritate
him.
Mr.. Graham announced at the close Of DR. vii
| sons testimony that the relator rested the case
/