OCR Text |
Show rnmm mm Jerome's Questioning of firs. Tfcro Indicates In-dicates Intention to Cell Her Broiiier1 to Stand to Testify Thot S!ie Complained Com-plained of Thav's fllhffld Cruelty. That Howard Nesbit of Pittsburg, Pa.," will be a witness wit-ness against his sister, Evelyn Nesbit Thaw, was in&uiated by questions asked Mrs. Thaw by District Attorney, Jerome this morning. The witness denied that she conv plained to her brother of alleged cruelties suffered at the hands of Harry Thaw.. A Pittsburg physician who examined Thaw in his -cell, testified that the prisoner told him no beliered a plot existed ex-isted to cause his death from pneumonia, in order that his case might never go to trial. Attorney Delmas scored -a point in a legal contest with Jerome tiro morning. NEW TOES, FEB. 87 FIVE MINUTES MIN-UTES BEFOBE COUBT OPENED FOB THE THAW TRIAL TODAY. EVELTK NESBIT THAW ENTERED THE COURTROOM, ACCOMPANIED BY DELMAS, AND TOOX A S3AT AT THE END OF THE TABUB OCCUPIED! OCCU-PIED! BY THE DEFENDANT'S COUNSEL, NEXT TO THE CJIATB OCCUPIED BY HER ' HUSBAND, while w Arnica tor the trial TO GO ON. f - IMMEDIATELY AFTER COURT CONVENED O'REILLY, OF COUNSEL COUN-SEL FOB THAW,-LED MBS. THAW AND I MBS. GAINS FROM THE BOOM. MBS. THAW DID NOT GET A CHANCE TO SPEAK TO HER HUSBAND. JEROME STATED THAT HE HAD OVERLOOKED A POINT ON OPENING OPEN-ING HIS CROSS-EXAMINATION OF MRS. THAW AND ASKED THAT SHE I BE RECALLED FOB A FEW QUESTIONS, STATING THAT IT WAS NOT MERELY A MATTER AFFECTING AF-FECTING THE CREDIBILITY OF THE WITNESS, BUT A MATTER WHICH HE MIGHT WISH TO ATTEMPT AT-TEMPT TO CONTROVERT ON REBUTTAL, RE-BUTTAL, AND HE WISHED TO moot ud dl and this prtratk kis east eoarixv to tdaL - Jerora besra hit cro pietloaib)t br MUnff m to t t&lnt of bwuittr Tnaw'B lamilr. Dcknas objected on Um ground tnat Jtaii was not prfr mom tgafaiaation. "I want to find oot -what tondmar there i to buuLofctj in the family," aid Jerome. I want to get at the faeta. If I flu the defendant ia arazy, ' IU aay eo." "If Jerome deiixes te jrore that Thaw was eraiy on Jne IS lmgL we will admit tejolaeTDelmaa. "I hare the old-fashiofted idea. replied re-plied Jctoml 'tbat the Dlatrlot Jrttar ney's afflea la quaalrjadleial aad that he has a right to examine all witaaam so at to decide his ourae." "The Distrfast Attorney offfce is quasi -judicial," said Justice BtzgtamlA. "and ho has the-right to 10100100 and examine witnesses, Bat when he comet into eeort he is bound by the same rules of evidence as the attorneys for the defense. I sustain the objection."! To Call Hiu Again. . 1 Jerome said he woald call Dr. Bina-; man for the State in rebuttal and , asked permission to take his testimony 1 in the form of a deposition. Delmas i objected. Jerome asked when the de-j fense expected to conclude. ' "In good faith, and not for publica-i tion," said Delmas. "we expect to get through this week." ; Jerome asked Dr. Btngaman to re-1 tarn next Monday. In the meantime ne proceeaea to cross-examine nim re- i garding his visits to Thaw in the Tombs. ' Dr. Bingaman said Thaw had not ex-' hibited any delusions so far as he knew ' prior to June 25 last. At his visit, An-: gust 7, he prescribed a nerve tonic for ; the prisoner. ' ' Did you notice any exaggerated i egof" asked Jerome. . . ' ' He had a very high esteem of him-! self, but there was nothing else." i Dr. Evans Recalled. Dr. Bingaman was excused aad Dr. ! Evans was called. I ' ' Of what institution of learning are 1 you a graduate f" asked Jerome. I 1 "The College of Physicians and Bar-' geons. ' ' "That is the institution from which your colleague, Dr. Wiley graduated, is it not!" Dr. Evans was closely questioned ques-tioned regarding a post graduate course, he testified he had taken at Johns Hopkins. He said he had never matriculated at this . college, but he had attended lectures. ' ' Then, whan yoa told Mr. Delmas thai you took a post graduate course i at Johns Hopkins it was not quite cor-rect cor-rect was ittf' j - 4 ' It was correct as I understand it, ! not as you seem to understand it." ; "Do you consider yourself a master i . of your profession t" ; ' "I don't know just what you mean 1 by a master. I have been considered V ' sufficiently proficient to testify in manv cases." . ' ' ' Do you know any one who is a master in your profession!" ' ' If you mean a man who knows all ' about it, there are none in medicine or i -law or any other science." Evans Not Outdone. 1. Jerome picked up a pamphlet relafc- ! ing, to experta and expert testimonv which Dr. Evans said he had written, j "Are you of the opinion that an ex- I pert upon the stand should be calm and j dignified, always remembering that this ;s more important as showing knowl- i edge than sharp repartee t" I Delmas objected and was sustained. ! . Jerome read several more questions from Dr. Evans pamphlet, but all of ' Delmas' objections were sustained. j , "Has it been you nabit, doctor, to ' prepare carefully written medical briefs in all important cases where you ' are called as an expert!" asked Jer- 1 ome. "These things are not habits, Mr. ! Jerome; they are customs." ; "Has it been your custom!" "Yes." "Was the preparation of these j (Continued on page 6.) j ACTION BT CALLING HER ATTENTION ATTEN-TION TO THE MATTER. MRS THAW WAS THEREFORE RECALLED. RE-CALLED. By his first A question Jerome indicated, indi-cated, that he intends to call Howard Nesbit to the witness stand to contradict con-tradict his sister. "Did you see your brother at Marion, Mar-ion, Mass, after your return from Europe Eu-rope In 1903!" asked the District Attorney. At-torney. "I did not." "Where did you see him!" "In New York." Denies She Told Howard. ' ' Did you noi tell him that while you were abroad you had been brutally bru-tally I abused by Thaw, who had tried to induce you to tell lies against Mr. White to the effect that Mr. White had drugged and seduced yoa, which statements you told your brother were false!" "I- did not. " "Didn't you tell your brother that Thaw, at a pistol's point, had compelled com-pelled vou to make statements against White f" "I did not." "Did he not ask vou if vou f eared violence and you said you did, and he said vou should arm vourself for protection!" pro-tection!" "I remember no such conversation." "Didn't he buy vou a revolver!" "He did not.' "Didn't you give' him money' to buy a revolver!"' "T did not." "That is all," said Jerome. Another Expert There. Dr Charles F. Bingaman of Pittsburg followed Mrs. Thaw upon the stand. Undar the guidance of Delmas he told of seeing Thaw November 16, 1903, at which time he was very nervous and melancholy. August "17, 1906, the witness called on Thaw in the Tombs and again saw him September 11. He was not sleeping sleep-ing well and was nervous. He had delusions, de-lusions, among them that there were conspiracies against him, and giving as their, object either his railroading to an insane asylum or his death. Delmas was about to lay a foundation for the questioning of Dr. Bingaman as an expert, but Mr. Jerome interrupted. "It is not necessary, Mr. Delmas. I would sooner have as to this defendant' defend-ant' insanity the opinion of a general gen-eral practitioner who has known him for thirty years than the opinions of all the experts there are, with due respect to my own," and he smiled at Dr. Flint, Dr. MacDonald and Dr. Mabon, who daily sit beside him. Thaw's Strange Delusion. Dr, Bingaman said he believed Thaw was irrational and laboring under delusions. delu-sions. Newspapers had been woven into the cell bars, to create a draft and Thaw had told him the authorities won allowing the wind to blow in on um -o tha Jia would contract paeu- : fai-.:c?.vEE!iaLW i?' . : : TE3K17 TO CS :'17l7S .''. - ; (Continued from Page 1) i i briefs suggested to you by a number of painful experiences pon the witness ' . stand!"' ' - 1 Delraas objected. "If you read further, Mr. Jerome," interposed Dr. Evans, "you will find I ay my observation of painful experiences experi-ences of ethers not myself." "Now,", said Jerome, adressing the court, "I want to show that this man has departed from his fixed customs in this case and that his reasons for the departure are sinister." Jerome "Called Down." "The matter of cross-examination is' entirelv within the discretion of the court' said Justice Fitzgerald, "and the latitude you are taking is entirely too broad." r Jerome asked the witness what ap- C ointment he had held - under the 'nited States Government. The wit-.ness wit-.ness said he was summoned to investigate investi-gate the Government hospital tor the insane in Washington. "Aa a matter of fact, wasn't every head of an institution for the insane in the East likewise summoned f" "On the contrary, I know they were not." Name some one who was not." "Dr. Wagner." "Do you know what insanity is!" asked Jerome. "Insanity is a positive condition . .. ssnity is a negative condition.". "Did you take the initiative in coming com-ing into this case!" "Mr. Hartridge wrote to me asking j for an interview. As a result. of that interview I .was retained." "Do you know Allan McLane Hamilton!" Ham-ilton!" "Yes." -t "Then do you consider him an authority au-thority on mental diseases!" Objection sustained. "A you on friendly terms with him!" "I think so." To Call Dr. Hamilton. "Do you go into consultation with bira!" Objection sustained. "Isn't it a fact that many reputable Thvsicisns refuse to go into consultation consulta-tion with you because you are an unprofessional un-professional man!" v Objection sustained. x "Isn't it a fact that Dr. Hamilton refused to go into consultation - with you for that very reason. "Objection sustained," said Justice Fitzgerald. "May I assume that Dr. Hamilton will be called in this4ase!" added Justice Fitzgerald. "You may, and I will call him' replied re-plied Jerome. Dr. Hamilton originally was retained by the defense. It Is said that lie believes be-lieves Thaw to be still Insane. Dr. Evans said he had never read Dr. Hamilton's writings and exuld not tell whether they were considered as an authority. au-thority. Jerome asked about - many works on mental diseases in an attempt to find out what Dr. Evans had read. "Who wrote about paranoia five hundred hun-dred years before Christ!" asked Jerome. Jer-ome. "In one of my writings I said that .a mad King of the Medea and Persians exhibited signs of paranoia." Jerome read from Dr. Evans' testimony testi-mony in another case in which he said paranoia had been described in all books of value since 500 years before Christ. He said he did not know of any book written at that time, or in fact any book devoted entirely to paranoia. para-noia. "Is there any book on mental and nervous diseases that you regard as au- thoritv!" "If you mean any one whose work I like for anything, no." "Is there anyone wao has written on the subject whom you consider more 'qualified than yonrself!" "i aon t know about that." Jerome questioned the witness fur-. fur-. ther about the names of books he had read.- "If I could remember the titles of all books on nervous diseases I would feel very proud of mvself." , Dr. Evans told the District Attorney that if he would' produce the books he would point out the ones he had read. "Did 70U know of a particular kind of insanity that occurs in Italy!" Osier Not Authority. "I have heard of such a disease, but I never practiced in Italy." Dr. Evans knew Dr. William Osier. Do you consider him an authority!" author-ity!" r . . "Hardly that." . "Don't you know that while he was in this country he was considered one of the foremost men in his profession!" "He 'made some statements that no one could subscribe to. j For instance, his proposal to chloroform men after Jerome, reading from a newspaper, asked the doctor if he did not address the Y. M. C. A. at Morris Plains, N. J., in 1905. Dr. Evans remembered s the occasion. "At that time did rod not say:'' 'X have often managed to jolly the lawyers law-yers and fool the court with big words which they did not understand'?" Delraas objected and was sustained. "What is a delusion! "1 "A delusion is a false belief which cannot be shaken by the usual kinds of .arguments." "What are systematized delusions!" "They are delusions which are adhered ad-hered to by a subject in a systematized or organized manner." At this point luncheon recess was or-" or-" dered. Dr. Evans said this afternoon he did not believe Thaw was "demented" today to-day or ever was "demented" In his definition of that word. , NEW ORLEANS, Feb. 27 Edna Goodrich, the actress, who Is here with Nat Goodwin's company, said .today in reply to the testimony of Evelyn Nesbit Nes-bit Thaw connecting her name with. .White:- . . "I' never knew Stanford White. . I never was In bis studio and X never introduced Evelyn Nesbit to White." |