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Show i . " 'rtrr 'm"ml " "f"" "S f h f V- jfcl wi & t V fS' f A : MES. WILLIAM THAW, Mother of Harry .K. Thaw, . " Aged Women Will Lav Bore Events in Early Life of Prisoner; Clash Between Jerome and Justice Fitzgerald, NEW YORK, March 5. The prospect that Mrs. William Thaw, the white-haired white-haired mother of the defendant, defend-ant, might be a witness today to-day at the trial of Harry K. Thaw, tended to-revive in- j terest in the hearing. District Dis-trict Attorney Jerome resumed re-sumed the cross-examination of Dr. Charles G. Wagner, Wag-ner, superintendent of the State Hospital for the Insane In-sane in Binghamton, 'by reading the latter part of-Dr.' of-Dr.' Wagner's testimony of yesterday regarding the characteristics of the brainstorm. brain-storm. The witness -yesterday referred re-ferred Jerome to an instance of brainstorm cited in one of the medical authorities. Today To-day the prosecutor asked if i the alienist knew of any reported cases of brainstorm. brain-storm. Dr. Wagner "said he could not recall any off hand. Thaw, who had brought his customary batch of letters let-ters into court with him, af-ler af-ler a brief whispered conversation con-versation with some of his counsel, proceeded to read a large number of epistles. He then took a large pad out of one of his big envelopes, secured se-cured pen and ink, and began, be-gan, to write a letter. Thaw seemed the least interested upectator in the room. In fact, the expert ex-pert testimony throughout has bored the prisoner immeasurably. His present attitude is in sharp contrast to the interest in-terest he displayed while his wife was on the stand. Mr. Jerome asked Dr. Wagner if he could cite a brainstorm in which the onset took place in ten minutes. The doctor could not. No Bale of Conduct. "Does the calmness and deliberation with which Thaw walked down the aisle of the roof garden and shot White indicate anything about bis mental condition con-dition t Is it natural for a person suffering suffer-ing from brainstorm to act in this manner!" man-ner!" asked the District Attorney. "I have already told you that I cannot can-not lay down any rule as to conduct in insanity," replied Dr. Wagner.- "There is no natural way in which things are done. Insanity in itself is unnatural. I remember one case in which a patient was out walking and suddenly jumped into a canal, climbed under a culvert and was drowned. I remember another case of a patient who took off his necktie, tied it to the bed and, lying down upon the floor, rested his neck in a loop he had made in the tie until he was choked to death," added Dr. Wagner. "Have you ever Icnown a person to commit an act of homicide in a brainstorm brain-storm by going about it with calmness and coolness! ' "There are no two cases of insanity, or even of sanity for that matter, which are exactly similar." Still He Won't Answer. "Since yon will not answer my question ques-tion directly, am I right in assuming that you have never observed a case of brainstorm or mental fulminatton in which the person committed acts of violence with calmness!" "I prefer to answer as I have. 'Coolness 'Cool-ness and deliberation' does not, accur-telv accur-telv fit any case I have ever known." "You could not tell what was going on in the defendant's brain except what was apparrent to the eye, could you!" "No." "Was there any single thing in the hypothetical question indicative ' of a brainstorm!" "I can't tear the hnothetical question ques-tion to pieces like that." . "Then I will tear it to pieces for you." said Jerome. He proceeded to read extracts from the question and asked If they individually suggested, a brainstorm. I)r. Wagner said that taken collectively collec-tively the facts indicated a mental ful-mination ful-mination an extraordinary state of mind. Dr. Wagner declared there was no evidence that Thaw regarded White as a "deadly enemy," as suggested by Jerome. i Jerome read again that part of the (Continued on page 6.) ( "5 is the assumption of law that he continues con-tinues in that condition until shown to be otherwise. THAW CASE. (Continued from Page 1) hypothetical nuestion which described the killing and the events immediately preceding and following it. "Now, doctor, take these facts ana add to them the fact that the defendant defend-ant knew that White had gravely and repeatedly wronged his wife, and that this was the first time he had had at opportunity to approach White without being observed, and tell me whether yos think this defendant was suffering from a brainstorm." I "Yes, I think he was." ' I Jerome questioned Dr. Wagner about various forms of insanity. j "Dr. Evans has testified that this dfl-fendant dfl-fendant was suffering from a paranoiac form of adolescent insanity," said Jerome. "Do you subscribe to thatfl "Paranoiac, replied the witness. "Well, it. may mean a dozen different forms. Paranoia means weak in chaf-acter, chaf-acter, and that is all. It does not mean specifically delusions of persecutions. )' ! The witness said that Thaw, when he j saw him in the Tombs, had an abnot- mal flow of words. Dr. Wagner said he , and Dr. Evans came to the conclusion that Thaw did not suffer from general paresis. Jerome Defies Court. What promised to be a very du 1 j sesion was made notable in the court ! annals of New York f'itv by District Attorney Jerome placing himself in the Josition of openly defying the presiding udge. The District Attorney declined point blank to submit certain authorities authori-ties to Justice Fitzgerald upon the ground that the question of law ia-volved ia-volved was so elemental and the authorities author-ities so abundant that he must assume the court to have knowledge of them. "I have too much respect for the courts of this jurisdiction," declared the District Attorney, "to submit authorities on a proposition so elemental." elemen-tal." J Justice Fitzgerald admonished tie District Attorney that it was his duty to submit the authorities called for, and said he would assume that since the j District Attorney declined to do so that he did not know of the existence of asy such authorities. . The spectators were thrilled into absolute ab-solute silence during the tense moments of the extraordinary debate between the Judge and the District Attornev. Jerome's manner of addressing trie court was as defiant as his words. He seemed thoroughly aroused, and Justice Jus-tice Fitzgerald seemed to retain bis judicial calmness only with great effort. "Offensive," Says Delmas. The point under discussion was as ,to whether the District Attorney on cross-examination cross-examination could take a wider scope than was permitted eouisel for the defense de-fense on direct examination. Justice Fitzgerald finally sustained the position taken by the defense. During Dur-ing the debate, which began between Jerome and Delmas, the later characterized charac-terized Jerome's remarks as "offensive" "offen-sive" and said they tended to lower the standards and dignity of the court, i Justice Fitzgerald interposed at this point and the war o'f words went Ion between him and Jerome. During the debate de-bate Jerome took occasion to declare that the legal assumption before the court is that Thaw is now insane. lie said that the defendant is shown to have been Insane June 25, last, and, it r |