The Washington herald., 1915-03-10

an expression Of the Witness view OF
| Thaw's sanity.
Isn't 1t true" he asked finally. tina,
in appearance. dress actions and conduct
| he always impressed you as rationale
asked the lawyer.
Cook was on his feet Immediately with
an objection.
Testimony Too Remote.
1T Is incompetent, irrevelant. and i'm
material he cried. The issue Of this
defendants sanity is not In question and
a stipulation is made on the back of the
Indictment that insanity is his defense to
| the charge"
| Il shall sustain the objection" said
Justice Page before Stanchfeld had start
! ed to reply. 'On the ground Of the re-
moteness Of the testimony as 1t related to
the time Of the escape"
Apparently nonplused for a minute. and
with Thaw looking blankly at his coun-
sci. Stanchfield finally said quietly:
AS i understand your honor. you sus-
! tain the objection not on the ground
| that this is improper cross-examination.
but that the testimony Is too remote as
touching upon the present issue?'
Kennedy Leaps to Feet.
Justice Page NODDED. and counsel for
l.
| Thereupon Stanchfield went back over
the ground he had covered. and sought
to fix in the mind OF the witness a day
on which he had met and talked with
Thaw approximating to the time of the
escape. While Gordon was bordering
the question. Kennedy leaped to his
feet and forced the important issue to
the front.
Il object to this evidence as en-
tirely irrelevant and having no bear
ing on any proper issue in this case.
If it is the intention of counsel that
this examination 10 revelant to the
question of proving Thaw sane at the
time he escaped from the asylum. then
object to il on the ground that 1t is
not a proper issue here. The indict-
ment in this case does not charge
Thaw with the crime of escaping from
the asylum"
He paused, and all eyes were CEN
tered upon Justice Page.
States Attorney Happy.
IF that is the ground on which
counsel is proceeding, 1 shall sustain
the objection" he said. II have in
dicated sufficiently clear for the coun-
sci for the State, at least. to under
stand what was in my NINA.
Stanchfield sat down abruptly, and
a buzz went over the court room.
Confident smiles lighted up the faces
of the attorneys for the State. Stancn-
field sat imperturbable.
And not until after court had ad-
journed. and the stenographers' notes
had been examined, was it shown that,
in ruling upon Kennedy's ambiguous
objection, Justice Page had sought
merely to reiterate his former decision
as to the inadmissa biIity Of testimony
70 fro cd OF
1t was learned later that Justice iage
had in mind, in making his last ruling,
only this one point. and did not intend
to go beyond the question of remote
ness.
There was evidence tonight that the
battle will be renewed with increased
vigor tomorrow.
Both Sides Claim Victory.
Kennedy insisting that the court, by
its decision, had ruled the insanity is
sue from the case, said:
THE meaning OF the decision Is abso-
lutely clear. and 1t takes the question Of
Thaw's sanity out of the case. We shall
proceed along these lines Assistant
District Attorney O'Malley shared his
views.
Stanchfeld, unrufled and confident.
said:
"Remoteness only was what the court
ruled upon. Do you think, IL he had
made the sweeping decision claimed by
the state, would not have supported my
contention with argument before the Is
sue was decided The court has left our
vital contention open. and when the prop
er time arrives. shall seek. with proper
arguments. to have laid before the jury
the convincing evidence We have shown
that Thaw was absolutely sane at the
time of his escape. and is sane now
will you do that with the testimony
OF alienists?' was asked.
I'VE undoubtedly shall call alienists."
was the reply. but 1 shall make my
fight on the testimony of laymen. I would
have done it today, only I desired to have
on the stand n witness who had observed
Thaw closer to the time of his escape.
With the opening of court tomorrow
morning, il Justice Page does not clear
away, in the minds of counsel for the
State, the doubt which exists as to the
scope Of his decision, a request for such
action undoubtedly will be made by
Kennedy.
Meanwhile the State is at work build
ing up its case of conspiracy against
Thaw and his five cc-eefendants. A cur
ious situation is arising as to this. II
Thaw and his counsel are not interested
in the conspiracy charge, except as it
bears upon the question Of his sanity.
May Mean Freedom.
Thaw's convictions may be the means
by which. ultimately. his Anal escape
from Matteawan will be effected. But
there is nothing beyond a conviction
of Butler, O'Keefe. Thompson. Flood.
and Duffy but Imprisonment on Black
wells Island.
Therefore while Stanchfeld, O'Brien.
Quigg, and Smith vigilantly man the
big gums. Levy. Began, Carpenter. and
Touchard nervously fit about like sharp
shooters.
Kennedy balanced this defeat with al
recital Of the fact that Thaw has made
three attempts to get out of Matteawan
by habeas corpus before Supreme Court
justices. who after exhaustive hearings
have ordered his retention on the ground
that he was still insane: and that he |
has been retained in Matteawan under |
four superintendents, each Of whom 10 |
required by law to certify that q patient |
has become sane. as soon as that condi- |
ton becomes a fact.
These are the two legal means b, |
which Thaw could have secured his lib |