The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-01-28
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DEFENSE
CLOSED
Frosseution on Tuesday Morning
WI Introduce Testimony
In Rebuttal.
TIE TESTIMONY OF ABE
HuMMEL TO BE TAKEN
Eye Witness Believe
n Thaw Rational
.Judse, Defendant and Lawyers to Go
to HlaekwelI's Island to Get
rHE TESTIMONY OF ABE
HuMMEL TO BE TAKEN
Judge, Defendant and Lawyers to Go
to HlaekwelI's Island to Get
Hummers Testimony.

NEW YORK, Jan. 2S.-DIstrict At
torney Jerome has decided hot to call
any experts in rebuttal, and at noon
announced that he only desired to dis
pose of the Hummel matter before
closing the rebuttal.
Police Officer Anthony L. Debs, who
arrested Thaw, and Officer Dennis
Wright both swore Thaw acted ration.
al Police Lieutenant Mccarthy, be-
fore whom Thaw was arraisned, also
said he appeared rational
r. E. Lingley, public accountant,
who was on the Madison Square roof
the night of Whites killing. was the
first witness in rebuttal this morning.
He said he had good view of Thaw,
and he seemed perfectly rational.
Lingley was not cross.examined. May.
er Cohen, manager OF music pub.
fishing house. saw the shooting. He
said Thaw impressed him as being ra-
tional.
) NEW YORK. Jan. 2S.-The Thaw
defense closed its case today, with
..maniac-depresstve" insanity as the
explanation of the death OF Stanford
White at the hands of the young Pitts,
burg millionaire. Today the prosecu.
tion will begin its evidence in rebut-
tai and the case should go to the Jury
by Wednesday or Thursday noon.
Jerome tomorrow morning will ap,
ply for the appointment of commits.
sion to take the testimony of Abra.
ham Hummel the disbarred and con.
picted lawyer. who is confined in the
penitentiary on Blackwell's Island,
and who is said to be too i'll to ap.
pear in court.
Mr.. Littleton, of the defense, said
he would oppose any such action,
whereupon Justice Dowling announc.
ed that If necessary, he would go to
the Island himself tomorrow night in
company with the defendant and his
counsel and preside at the taking OF
Hummeps testimony.
The jury. 1t was stated. would not
be compelled to take the night trip
across the river Thaw seemed de,
lighted at the prospect of the outing
even to the grim shores of New York's
penal colony-and smiled broadly at
the courts suggestion.
District Attorney Jerome dlsap.
pointed crowded court room when
he refrained from his tactics of last
year in batting the expert witnesses
for the defense, three OF whom-Drs.
Wagner, Evans and IollifFe-Declared
that Thaw at the time he killed Stan.
ford White was suffering from such a
defect of reason as not to know the
nature or quality OF his act, or that
the act was wrong The prosecution
contented himself with drawing from
the alienists the fact that last year
they swore that 1t was during brain
storm" that Thaw committed the
homicide. He also read form the afR
davit made by DR.. Wagner before the
lunacy commission last year. giving
conversations had with Thaw in court
which tended to show that the defend
ant had distinct recollection of oc
currences on the roof garden imme
dlately preceding the tragedy.
Mantae-Depressive Insanity.
It was left to Justice Dowling tc
make the most inquiry of the alien
lists. He desired to know the exact
III nature of "maniac.depressive" insan
1ty, and If the attacks were likely tc
recur,
a He also asked II person suffering
from this form of insanity would be
likely to commit assault. He learned
that it was recurrent form OF men
tai disorder. the attacks coming sud
denly and without warning. a period
OF insanity being followed by mani
acal outburst, then by period o.
complete depression, and then by an
other lucid interval 1t seemed tha
the presiding judge was securing in
formation upon which to act in the
event OF verdict OF not guilty on the
4 ground Of insanity or of straight &C
pnital. Even in the. latter event, 1
was pointed out, Justice Dowlini
would have the rigth to have Thav
committed for examination.
Coined New Phrase.
An English physician, one Of tn,
three foreign men Of medicine whit