Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-07-26
Takes Charge for the State at
Sanity Trial.
OBJECTION is 0vERRULEO
DR.. H. E. Schmidt Regards Prisoner
as Of Normal Mind.
HEART BEATS TOO SWIFTLY
Subject Of Inquiry, Touching FL
bows. Watches His Ancient
Adversary.

WHITE PLAINS. ". Y. July 26.-The
severest ordeal of Harry X. Thaw's
struggle for freedom from the Mattea-
wan Asylum for the Criminal Insane
was before him today when Justice
Isaac N. Mills recommended the hearing
in the supreme court here at which
Thaw is trying to show himself sane.
Charles Morschauser. his attorney. re-
affirmed his intention to put Thaw on
the stand to give personal proof OF his
sound mental condition. Mr.. Morschau-
ser had three lay witnesses left when
the hearing adjourned July Is to enable
both sides to study the records of
White.
York. who last week announced his in
tention Of helping the state and the
Westchester county authorities. came
over from his summer home at Lake
vile. Conn.,, today.
Experts to Be Called.
Mr.. Morschauser said that while he
would like to put his alienists on the
stand before he called his client, the order
of their testimony might depend upon
their professional engagements. He has
subpoenaes for DR.. William ]. Meyer. the
White Plains jail physician; DIR. Britton
D. Evans Of Morris Plains, the coiner OF
the term brain Storm" and DIR. w
Ernst Schmidt of White Plains.
Every seat in the courtroom was taken
and every aisle crowded an hour before
the trial opened.
Objection to Jerome's Presence.
When court convened Deputy Attorney
General Roger Clark. who fs opposing
Thaw's application on behalf OF the state
called Justice Mills attention to Mr.
Jerome's presence. saying he had con
scented to appear with the states at
torneys at their request.
Thaw's attorney Immediately objected tt
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 effect thai
he could not act with the authorities o.
Westminster county.
Justice Mills settled the matter by re
marking that Jerome had never said HI
would not appear at the request Of the
state. Mr.. Jerome remained.
Expert testimony began with the frs
White Plains. District Attorney jerome
| took charge of the case for the state
DIR. Schmidt's conclusions, after nunler
Gus examinations of Thaw in White
Plains was that his condition. both men
tai and physical, was normal. excepting
his heart, which beat trifie too fast.
Not All Paranoia Incurable.
The witness read condensed history OF
Thaw's life compiled from interviews
with the prisoner. In this various events
which might have a, bearing upon his
mental condition are explained by Thaw
In discussing the killing of White Thaw
told the witness that 1t sometimes sur.
prised himself that he felt no remorse.
Il found Mr.. Thaw,'' concluded DR.
Schmidt. logical. memory excellent, at
tention to an argument good and control
of his emotions normal
Paranoia, the kind of insanity with
which the authorities allege Thaw is at
fiicted. was discussed by the witness
who said there are varieties of this dis
ease from which the patient may re-
cover.
On cross-exa mination District Attorney
Jerome plunged at once into the scientific
aspects OF paranoia. AS Mr.. Jerome
questioned DIR. Schmidt, Thaw, sitting sc
close that at times their elbows almost
touched studied the district attorney
calmly and with an expression OF grea,
interest
Mr.. Jerome questioned DR.. Schmidt 70,
more than an hour. paying particular
attention to Thaw's ideas regarding Stan.
ford Whites private life. The witness
said Thaw has discussed this subject with
him, but he did not consider it's bearing
important upon the question OF Thaw's
present mental condition.
When DR.. Schmidt finished q recess was
taken until this afternoon.