The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-26
JEROME APPEARS.
The District Attorney Takes
Charge For the State
In the Hearing to Test the
Sanity of Harry Thaw.
ALIENISTS CALLED.
DIR. Schmidt Testifies That the
Prisoner is Perfectly Sane.
After a Number of Mental and
Physical Examinations.

| White Plains, n. Y, July 26.-The sew
| crest ordeal of Harry x. Thaw's strug-
gle for freedom from the Matteawan
asylum for the criminal insane was be-
fore him today when Justice Mills rec
commended the hearing in the supreme
court here at which Thaw is trying to
show himself sane. Charles Morschau-
ser, his attorney. reaffirmed his inten-
ton of putting Thaw on the stand to
give personal proof of his sound mental
condition. ME-. Morschauser had three
lay witnesses. when the hearing ad
journed on July Is. to enable both sides
to study the record of Thaw's two trials
for killing Stanford White.
District Attorney Jerome of New
York, was present to represent the
state. When court convened. Deputy
Attorney General Roger Clark. who is
opposing ThaW's application on behalf
Of the state, called Justice Mills's at
tention to Mr.. Jerome's presence. saying
that he consented to appear with the
states attorneys at their request.
ThaW's attorney INN ediately objected
to Jeromes participation recalling the
New York district attorneys affidavit |
before Judge GaynOr when an effort was
made to hold the present hearing in New
York, instead of White Plains, to the eff |
feet that he could not act with the au- |
thorities of West Chester county. JUS |
t1ce Mills settled the matter by re-
IIldL jerome ndQ never Sdlu ne I
would not appear at the request of the
state and Mr.. Jerome remained.
The court room was crowded an hour |
before the trial opened.
jerome Takes Charge.
Mr.. Morschauser has subpoeuas for
the following alienists: DIR. William ].
Myer, the White Plains jail physician:
DIR. Britton D. Evans, of Morris Plains.
the coiner of the term brain storm"
ard DIR. H. Ernest Schmidt, of White
Plains.
Expert testimony began with the first
witness, DR.. Henry Ernest Schmidt of
White Plains.
District Attorney Jerome then took
charge Of the case for the state. DR..
Schmidt's conclusion. after numerous
examinations of Thaw in White Plains,
was that his condition both mental and
was normal. excepting his
heart, which beat a, trifle too fast The
witness read a. condensed history of
ThaW's life, compiled from interviews
with the prisoner. In this, various
events. which might have a bearing upon
MS mental condition were explained.
In discussing the killing of White, Thaw
old the witness that some times he
himself was surprised that he felt no
-emorse.
Il found NIr. Thaw," concluded DR..
logical memory excellent, at
ention to an argument good and CON
rol of his emotions normal"
Paranoia, the kind of insanity with
which the authorities alIege he is af-
Iicted, was discussed by the witness, who
aid there were varieties of this disease
rom which the patient might recover.
On cross examination District At !
-orney Jerome plunged at once into ;
the scientific aspects of paroanoia. As
Mr.. Jerome questioned DIR. Schmidt.
ThaW, sitting so close that at times f
heir elbows almost touched studied
he district attorney calmly and with I
IN expression of great interest.
Mr.. Jerome questioned DR.. Schmidt +
or more than an hour paying partf- 7
,ular attention to Thaw's ideas re- 6
Stanford Whites private
ife The witness said that ThaW had
discussed this subject with him, but
le did not consider it's bearing impOr-
ant on the question of ThaW's men
al condition. I
During his cross examination Mr.. Jer-
me asked DR. Schmidt:
You say now that this man is fit,
n your opinion. to be turned loose in
his community without any restraint .
-hatever''
4 do" replied DR.. Schmidt. Y
At the afternoon session various rec s
rds of ThaW's second trial were pre- S
ented by Clifford W. Hartridge, Thaws h
,rmer counsel. Mr. MOrschauser OBJ c
acted 10 this proceeding on the ground
nat the witnesses relations with Thaw b
ere confidential. and after some argu- v
lent the papers were received, but not i
cad at this time. They included a re- c
ort of DR.. BrittOn D. Evans. one of the h
lienists employed by the defense dur t
lurder.