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Show , . e . V - W ' . man la Insana when you have not submitted sub-mitted Mm to any examination 7" I bar a-tvan my opinion on a hypothetical hypo-thetical question, not on an examination." ' "Are you willing- to stake your reputation reputa-tion on that opinion? "I came here as a materia witness of fact, and I have been converted into an expert witness without any preparation." Not an Expert Witness. "So you did not come here as an expert wltnesa, but believe you have been converted con-verted Into one?" "Tea." "Do you think the conversion will laat?" "I am Inclined to believe It will." "If a man at 38 years of ae." asked Mr. Jerome, "wboae blood Is tainted with Insanity. Is seised with a homicidal mania, is fca-not likely to lapse Into such delusions de-lusions as;aln?" "He might. It Is a possibility." "Is It not a probability?" "That depends. If the object and circumstances cir-cumstances of his delusion are removed he Is not likely to lapse." "What do insane people usually do after killing a person?" "There usually follow evidences of satisfaction sat-isfaction and relief and a declaration of fact. Thaw's declaration to his wife that he had probably saved Jier life was a very auspicious circumstance." "Do vou know that her life was not In danger?" "No; I assume It was not." Mr. Jerome concluded his cross-examination of Dr. Wiley, and Dr. C. H. Bingaman. a Thaw family physician from Pittsburg, was called as the second witness wit-ness for the defense. Dr. Bingaman knew Harry Thaw for thirty years and his mother for the same length of time. Thaw Had St. Vitus Dance. "Did you attend Harry Thaw in his infancy?" in-fancy?" "Yes." "What disease do you first recall? ' "St. Vitus dance." On cross-examination Mr. Jerome merely mere-ly had Dr. Bingaman repeat that Thaw was 7 vears of age when ne suffered from St. Vitus dance. The witness was then released. Alfred I.ee Thaw. 43 years of age. a resident of Richmond, Va.. next was called. "Are vou related to the defendant, Har-rv Har-rv K. f haw? asked Mr. Gleason. ""I am. My father and his father were first cousins." "When did vour father die?" "October 15. 1S85." "Where was your father, or have you any means of "knowing, where he was when he died?" "I object.'' interrupted District Attorney Attor-ney Jerome. "The question Is irrevelant and Immaterial." Mr. Oleason argued the rMnt. He ald It was Intended to show a collateral condition con-dition of Thaw's relatives the relatives descended from a common ancestry-Mr. ancestry-Mr. Oleaon said he wanted to prove the hereditary phase of Thaw b Insanity, and could trace It back to a common aji-ceetry aji-ceetry with the witness's father. It was not necessary or contsmplated by the law that It should prove a mnn's father or grandfather were Insane to establish hereditary Insanity. Court Sustains Jerome. District Attorney Jerome argued In re-lv re-lv that the witness was not a competent person to testify as to insanity In the family of the defendant. It was necessary, neces-sary, he said, to go hack to the greatgrandfather great-grandfather and mother of the wltne and the defendant to reach common j blood. On the two collateral branches of the family fout tiet.-rate stocks had been Mended with the birth of the witness wit-ness and the defendant. "I infer from the opening address of the defense." said Mr. Jerome, "that they expect to prove. by this witness that his father died In an asylum or some retreat for the Insane. The fact that a man dies in an aylum Is not proof of his Insanity. In-sanity. The law does not recognize It , The fact that a man dies in an asylum like that conducted bv the eminent Dr. Wiley, who was on the stand today, for Instance, des not prove he was insane." Justice Fitzgerald salrt he felt con- ! strained to adhere to hts decision sustaining sustain-ing the District Attorney's objection fcr the present He would take the authorities authori-ties cited by Thaw's counsel under consideration. con-sideration. He thought a closer relative than the witness should be offered as a witness. "Did you see voir father In an asylum asy-lum for the insane In the year 1885? " asked Mr. Gleason. Mr. Jerome again objected to the question. ques-tion. "In the present condition of the record and at this Huge of the trial. I sustain the objection." ruled Justice Fitrgerald The witness was excused for the present. Another Witness Excused. Dr. John E. Deerr.ar. a physkian of Klttaning. Pa . was next railed to tl,e stand. Ir. Deeniar Is the family physician phy-sician of the (,'opleys. Mrs. William Thaw's parents Dr. Deemar said he had known Harry Thaw for twenty-five years When the defendant was 9 years old Dr. Deemar treated him for a nervous disorder. "Did you know Henry W. Copley?" asked Mr Gleason. "Yes He was a brother of Mrs. William Wil-liam Thaw, mother of the defendant." "Did you know John Ross? " "Yes He was a first cousin of the defendant. de-fendant. John Ross s mother was Margaret Mar-garet Copley Ross, a sister of Mrs. William Wil-liam Thaw." District Attorney Jerome here Interposed Inter-posed an objection against any further examination of the witness, on the ground that the testimony he cmiM give would be of collateral relatives of the defendant, de-fendant, and he did not think the matter should be further gone Into until counsel brought authorities to sustain their po-sitlon. po-sitlon. Justice Fitzgerald upheld this contention and said the witness rould be recalled at any time provided the authorities author-ities to be cited by the defense should proe the court In error in shutting out testimony as to any but descendants in a single line suih as mother, father, grandmother, grandfather ni1 so on Adjournment was then taken until today. COURT SUSTAINS JEROME IN MANY OF HIS OBJECTIONS NEW YORK. Feb. 6 Four witnesses wit-nesses for the defense were examined at yesterday's sessions of the Thaw .trial. The conclusion of Dr. Wiley's testimony follows: "Did you ever converse with Thaw'" "No." "Do you think It right for you to come here and give It aa your opinion that a |