New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-07-02
States AIienist Answers Hypo-
thetical Question Denies
Any Personal Bias.
JEROME ORDERED TO GO ON
His Efforts to Have Writ Dis
missed or Hearing Trans
ferred Blocked by
Justice Keogh.

Notifications Of the state. when DR.. Austin
Flint testified that Thaw was, in his opin-
ion. an incurable paranoac, and that he
would be a danger and menace 10 the COM
munity if set at large
On cross-examinatio ton Clarence J. Shearn
fhaw's counsel worked strenuously to dis
credit the alensts testimony on the ground
that he was strongly biased in the case
and had done everything in his power since
the Thaw trials to keep Thaw in Mattea-
wan Asylum. DR.. Flint admitted that he
had worked hard in that direction. but only
because he considered IL his public duty
to protect the community against the prob
ability of repetition of Thaw's homicidal
act
DR.. Flint was on the witness stand for
five hours. and Mr. Shearn had not finished
the cross-examination when court ad
tourned for the day He made frank and
impressive witness. He gave full and lucid
reasons for his judgment in regard TO
Thaw's mental condition. Thaw's counsel
did not succeed in shaking the witnesses
testimony.
When Mr. shearn in the course of the
discrimination accused Or. Flint of hav-
Ing injected a good deal of personal ami
physician replied heatedy:
Il never had any animosity against any
lunatic. The idea is monstrous. You
might as we'll have luminosity against
LATENT who had pneumonia and is de-
lrious.'
Former District Attorney Jerome who is
conducting the case for the state. made an
other attempt yesteray to have the Thaw
writ dismissed or the hearings transferred
from Justice Keogh to some other Judge
MIR Jerome suggested TO the court that In
formation had come to him on Sunday that
the court had discussed the incident Of the
conversation with A. Russell Peabody, for
r1erly Thaws counsel. only three weeks
prior to the opening of the present hear
Ing. and had expressed a conscientious
ecruple in regard 10 taking the case at that
time.
Mr.. Jerome did not dlvulge the source
Of his information. He said that without
in any way rejecting upon the integrity OF
the court he wished to call the courts at
tention 10 the matter. in view Of the fact
that Justice Keogh had stated last week 10
counsel on both sides that the conversation
with Mr.. Peabody had entirely escaped his
memory until Thaw called II to his atten-
~
DAY. Justice Keogh said taht he could
rot recall any discussion such as Mr.. Je-
rome lad referred to. and ordered the law
yers TO continue with the proceedings.
Thaw and His Mother Smile.
Thaw and his mother. who sat beside
each other in the courtroom. whispered and
smiled together frequently while Dr. Flint
was giving his testimony. Thaw's smile
br0adened perceptibly when DR.. Flint twice
stated positively that Thaw was an in
durable maniac. The alienist's first opinion
was expressed in answer 10 a question by
Mr. Jerome In regard 10 Dr. Flint's obser-
walton of Thaw at the trials and on other
occasions during the last six years. Mr..
Jerome later propounded a lengthy hypo-
thetical question Incorporating many incl
dents in Thaw's early life, to show that he
had bean 4 nerJ GUS and cratic child, and
leading down TO the time when he shot
Stanford White in June, 1906. In answer
TO the hypothetical question DR.. Flint de-
clared that Thaw was a true paranoiac.
Mr.. Shearn waited patiently until Mr..
Jerome had occupied nearly half an hour
in reading the hypothetical question, and
then objected to il on the ground, which
. he said Mayor Gaynor mad once taken
when on the bench in regard to hypothet-
cal questions in general, that they We're
VIGOROUSLY one sided and incomplete. JUS
tice Keogh ruled that the question was
competent
a little later. however, when Mr.. Jerome
was getting into the technical side Of in
sanity as q disease with Dr. Flint the
court intimated that he probably would not
be influenced IN his decision to any great
4 great deal Of this testimony does not
assist me-" said Justice Keogh. Il am
forming my opinion as | go along"
Dr. Flint told Of first seeing Thaw in
the library of the District Attorneys Of
fec on June %. 1906 the day following the
shooting Thaw had declined to answer
any questions, and he had made no exami-
nation OF him at that time. He had OBJ
served him closely for eighty-odd days
during the two Thaw trials, the witness
said. and at the various habeas corpus pro-
ceedings since then.
he had also seen him AZ Ma -teawan sew
eral times The alienists opinion was
based on a careful study Of the exhibits in
the case. in connection with MS observa-
ton OF Thaw lie had no suspicion that
Thaw was insane when he first saw him,
the witness said. and Il was not until Feb
ruary r. 1906. several days after the first
trial began. when he sat UP al one night
studying the famous will and cOdicil that
Thaw drew. that he decided Thaw was a
paranoiac
Mr. Shearn tried 10 make 4 good deal
out of the fact tina; the Lon sfelow let
ters" the testimony Of the Thaw family
: physicians IN regard to Thaws occentricity
when a child and the testimony of DR..
Wagner I'm regard TO his examinations Of
Thaw in the Tombs. on all OF which DR..
Flint said he laid a good deal of stress
in forming his opinion, had been intro
duced in evidence at the first Thaw trial
prior 10 February y. when DR. Flint had
said he first noticed suspicion of insan-
ity I'm Thaw. Dr. Flint explained By say
ig that IL was in the light Of the will and
codicil. taken together with pricr and sub
sequent TESTIMONY and observation which
lay the foundation Of his belief that Thaw
was insane.
Flint on Paranoia.
Are the delusons from which paranolacs
suffer always devoid of foundation in
fact?" Mr. Jerome asked DR. Flint
Not always; they are often founded on
facts" Dr. Flint replied.
"Of what then does the delusion con-
sist?" asked Mr.. Jerome.
I'm an exaggeration and misinterpreta-
ton OF the facts faulty grouping to-