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Show THAW A LUNATIC WtflEN HE FIRED, SAYS PHYSICIAN Dr. Wiley, family Doctor, So Testifies, but Afterwards Confesses His Judgment Judg-ment Was Based on Past Acquaintance Acquaint-ance With White'sSlayer. I Dr. C. ('. Wiley, the Thaw family's physician, was : placed on the stand bv the defense today in an effort to i prow that Harry Thaw was irresponsible vhcii ho killed Stanford White. ' The phvsieian answered a hypothetical question by ; assorting that he believed Thaw was insane, but Jerome j drew from this the admission that This eonviotion was based, not so much on the hypothesis as on his previous ; acquaintance with the defendant, and particularly on an ' incident ho witnessed in a Pittsburg street car. NEW YORK. FEB "V -EXPERTS I ON INSANITY AND IN HANDWRIT INO. WITNESSES AND JURORS CAME TO THE THAW TRIAL TO DAY MUFFLED IN GREAT COATS ' AND FURS, THE STORM WHICH i BEGAN LAST NIGHT CONTINUING WITH UNABATED FURY TODAY. i THE ORDER FOR THE EXCLU SION OF ALL WITNESSES. WHICH YESTERDAY DROVE MRS. HARRY THAW AND MRS. WILLIAM THAW FROM THE COURTROOM, RE MAINED IN FORCE TODAY, WITH THE RESULT THAT THE SECOND , ROW OF CHAIRS JUST BACK OF THE PRISONER, WHICH HERETO FORE HAD BEEN RESERVED FOR 1 HI8 FAMILY. HAD BEEN TURNED OVER TO THOSE WHOSE BUSINES8 GAVE THEM THE PRIVILEGE OF ATTENDING THE TRIAL. .F.wiah Thaw was tie oi:. m.vnV' -f the defendat'" ' fanniv -n c if the morning esi.M b- fi", Ifirrv Thaw. ,t, c:;-er:r.c. s-e-re! tn' the -nnle of vv. I .!! wh; h e"-"h n'orriirn: previous his wife hr-i t. ;;Mn hint j Dr. Wiley Testifies. J pr . Wilev , f ".:. ::rj. T - .. ' ,i',ii, :;in. who ; I w ' ' i ' ' ilMtl..n' )-.: tie ;tv':im. wm ' ' ' : i .no fir' w ,.., f o- -i.-t. --e 1- , U' ; I . ", . if. " w e r : . j . e : . - , ' r i-ev I, '.eat- :.. t- tci 1 e 1 .(.-. i ;i:'.,':i i '.!. 'if'- a ' " of v i I r. ':le w a a i " -'a--' . '.v, .;.. M-.n "f ;tr. ti." "' ''' ' " w i.t. II i rr . TV. w w as i .. i .. ''"".'' s I I I ' r.e w i'r.e. ''I was a :i-""" " i re"' - ?' T!f V:''". -ii'". " "-p. "-p. . , rj. w , jr. I'r. t -a a :i." : . in v ; a - . I' I v r , , f , r '. e c ;.e !-,:! . - a (v : : . .w . .!-.-.v ; f. V'i I. -' i .-! i ,w ., e-! w .: ':'- i . i a-i a u . 'V w 'Thaw Was Irrational. ' W -.a w a. T' a ;'-(-" 1 - ':' ' ' ' . 't J .". ' 1 " : . v e, :'.i-.-.i f r r " 'As aji expert ar.d from your person al observation, can yo'i say whether his actions were rational or irrational! ' Irrational. " (,'..-,..,: ; ..re ' , r : V :,' il ,,,! wnt : - ' "" 1 Th.a ,o ,f k, i;t c ,: : l.V a-- j . o i;,'e.i w h '-e ..r-. .-. lJ . e- ,- w : , . '! - ; an " . e , ' , ' , .1 w " ' ' I ' ' ' ' ' ', r ' i ". f a:'. " a:-i i " W V 1 . , : e; ' ' ' ' i ' ' ' My opir. in. ' ' sa.d Dr. Wiley. :s that t!'..' man who c lrr.mitted the act described was surt'T.ru from .nsamty." 1 , ,, w -' - - ",v 1 ' , -;':'. " " ... :-.tv'--. w ' ' '' !!. ,v ,. , ., ,. , i i . . - " . s . - 0. fl ' e - ' ""' : . " ' ' 'V ' - 1 . W Hsk"'i. " '- - !" -. ' ! ':- Hereditarv Insanity. 1 i . j ' - '-'.:',- ; , -v : i v ,v.r.."-' - ". - V V .w !:" -.:'- . "V ' . ' v -. v - : ? , ,i v . s : t h e . VV i n " t ' 1 ' ' ' s , -A , , . --, the law S-a-. -l-'f- :;. r uses 'or "''" ' ' ' -k" i '' ' " v.o err--- v T '", e n oti i " ':-" ' cj-;e tior -av" a-" i - C' ' - : ' if. ' ma" V : d i- r:ii various ' nt "f" " ' 'r'-ri-n wh,.-h ""th' 1 C 1 i, ' at i lis. us' " Yes. a h " ,'-i'" '"v w rt apt-:- t ' t of the ' t w i" ic" rt th ub 1. 1 Jeromn I" Insistent. .iHr-"1''' asr"-l hi ,v', : f h" rel'v consider".' h'li-self a- . Xpert j fee that I hive ri a 1 e pe r i fnce '' hegni! t h " ,-. ; Tnf : t 'he "',. A'e wj an expert" We , 1 n ' k !'. - - V whether , , , j a re or not 1 h i k I am ".m; ':: re v - i an epert f ' sh, ated .le- . . tr. e ''I a 'ii an a u r hor -1 v. ' ' Pr W'-Vv replied re-plied , Alter Dr. v Ue y had iaad he was aaj ' authorifv. h was asked bv Jerome if he was wil'ing to gn on record Sefnrn r tie. world in this case as a s-tenti5fl man. after merelv witnessing Thaw's action on the street .ar in Pittsburg and from a description "f his killing of Stanford White, as saving that Thaw wj insane. Certain He Was Insane. Pr. Wilev replied with decision: " Yes. k"d bv Gleason if. in his opinion, ;l e fend ant at the time of the deed k-cw tha i' na wronk', the witness re- 1 "i: " and start" 1 an explanation, which was stopped ouicklv .v .leroma ard (ileason. the former objecting to tne explanation and the la'ter enieav-ormg enieav-ormg to s-op his witness. When th .l ies-ion was again put to him. he an- swe-ed. N'o Dr. Wiley explained that a pereoa . might know what he was doing and yt 1 b utterly in the control of an irresistible irresisti-ble impulse. "In other words," commented Mr. Jerome. "We have a sort of volitional insanity'1' ' "That is possible, coupled with morbid mor-bid impulse. ' ' " At; act i s morb: i if it insane?" " Ye ' ' ' ! a "ijr mav '..now e ir ;rs a "d -!:aa", of ' a". k r-.w tha :' is wr.-c and agatps' tne law. ari e be v "i a w H v ! an enioto-nal ft: p::!se ' ' ' ' N es. bv an itmci!--' over vv-; l :; he . s n , ,r ; roi. Jerome Scores a Point. W' :; a ' e ; 1 e n .f Je'.;. s-i w a J . -.. ,., -ne h ...,r 1 1 ,';.--;-M1 I- :t . .o. 1'V .'-.'.inse: f '.e '.efe".e ' ' ' aoked .I.T me T .". w :':;.'! arte i to 1 '.v . " W' a ' a rr. e t - c o T m a 11 '1 " , i 'h !':'' ",,r"o; er s j.. over thts g .ga t v e :i tne : ! a n .' e , - f r v ; h. h.'i' .j:iest:.r. on n Lien vo-i ha-- : - - ".::' a:: - pjt.iort r.i th.s , a - I' . -; . (;-.g ' . - j ' I e i . , r-, t a e w i ' p. e s : a i v ; v a 'm-t'ed that he nad ta ken ,-,,. .'a :; ' s knowledge of e -a so . .; 1 i " - f : e , ;es t i on . T ct. v -i'i r. has" v ir opinion , " V I p , . " tie ,", c S' ' on ? " ha"d it on what I - a -v ,., ...-,.,, arj what I know f , ,1 se Answer Stricken Out. "I move that the er,Vre .-j'les'ior. n l!',n,ir pe sr:'ken ,-.;' cf t h " 'ei-m 'ei-m v." sail .ler tt e, f.;rp.:t:j , .'.lige Fi-.'g-oad 1 ;rsel f.nf v.A Ipfp-i, ohiected, btlt .' .sfce "; rger? 1 - e !- ;ght bt . s'-h-e tr e .',. .r , ; a.j go al: over again so , ; . - , e :p re.-ord dear. '' -r n - ' " ,i -e '..-.-1 .s.e q ies-s ies-s e ''... -g " top the law of "- . -v , a 1 ' ,,i" '', iM''i!,'i , ' e e A k P' W.7 ga - ! ! "'i' -" was c, :n; eter.t t i tc . - ' ' . , ' "WT.at :s your opinion based upon, th.e form of :nsar.:ty as laid down by thJ law of this State1" asked Gleison. "The act of ar. insane man." Jerome "Gets Interested." . - . . . r- J r o - C n pf- ! ! ' : :' " ' - it 'hr igp 'he s' .e . e'e - ss e i: ,': ever :' " i " " ' ' T " ; - i.t -g "f". - see.e.- .. - i w e . r v e I - i v a " - ge- ; T:. c H - 'A'"-. W "t ! ' h r.. pa i p""; .(" tl n--,e T i a -v s ; lea f v j . wis e : ...... ir. n. e v ,-j ;.- ,-. a-.' a "i res '"" 'vitpess '"., 'ate i ::: t : 1 "w .: is f cc-o'e-e' , 1 aff " i r- v-s-i n "a rl : r .r --gh ' ' ' " , : .I-.'tce V" -geraH of the IhsVl' A . :. - i' or." ' ' ii" No. ; '"-d. v ii' H -rtor. ' ' 't1:-' .Ie-,-ie ' rt ge'Pg :;o.';'. J Not a Mythologi.. .Teron;.- !".i ' e w'pess t r : g s 'o c a 1 series f -j-.e,. ins dealing n ; h s II "im" of -li'tv'e-'s a i askf.g h'.m Vs optP-LT as a n expe. ,-tn ttls- of 'h1'!'. -o a "'. V -. ol . g. s' ? ' ' a-k.al ,l..ron-e N " "Have v "i -:d'i 'he -i;b :ect ? ' 'No e x t en S' ve ' V" As a T3"er if fa.". d-" yo-i k"ow whit "i v h o' og v s ' Yes ' " 'Is n.vhci, gv a p. a-. or a direct act?" i W".'ev wnild not venture a aecj. s ; o n " o sav a delusion is the result of .-' pid'jtm ever examine this deend-aat deend-aat to his sanity t " ' : - . mwmit is a lunbtic ; Continued from page 1.) . a pathological condition?" .A Pathological Condition. "Then the defendant's delusions must have - come from a pathological condition!" "Yas. coupled with a functional eon-dition.'' eon-dition.'' "Is it possible for a function to bo abnormal .unless there is a disease t" "Yea, a dilated artery, for instance." "But a dilated artery has nothing to with the case of Harrv Thaw, has itt" "No." Mr. Jerome wanted to know if Dr. Wiley believed in Christian Science. The doctor did not answer directly, but waa pinned closelv to the question by Jerome. He finally replied that he did not This line of questioning soon led to a wordy clash between the attorney and witness, in which Jerome interrupted the witness' replies with a loudlv exclaimed, ex-claimed, "Did I ask you thatf Did It . Answer me. " v " No. " Baaing His Conclusion. "Upon what in the hypothetical question did you base your conclusion aa to insanity"! " "By the fact that the man, sitting with a party, suddenly arose and without with-out provocation " "Is there anything Tn the question about provocation!' Jerome interposed. inter-posed. "No," Dr. Wiley replied, with a show --of feeling. "It was the manner of the man, and the fact that he raised his hand in a peculiar way " "Stop," shouted Jerome, angrily. "Is there anything in the question about peculiar!" The witness admitted there was not. "The remark to his wife, 'I have probably saved your life,' was another reason for the conclusion," said Dr. Wiley. Asked Regarding Motive. "Did it ctur to you that after firing three bullets into the body of his victim vic-tim the man held his revolver aloft to indicate that his deed was done, that there waa to be no further killing, and that he wanted to avert a panic! "That entered into the calculation." "Did motive have no bearing!" "Yes, I read in the papejs, and I decided" de-cided" "Stop. Did the a"ei-" of motive make so light an impression on your mind that when vou come here to testify tes-tify as a scientific man. you want to import into the case what you read in the newspapers!" The witness waa silent. "Didn't this man raise his hand and his revolver to indicate there was to be no further killing!' "Possibly, but as I was saying " Remonstrates With Witness. "Will you refrain from volunteering information for which I don't ask! Answer mv question and nothing else. I have had to ask this many times and don't want to have to do it again. When did you get here!" addea Jerome. Je-rome. ' ' Wednesday. ' ' "And vou talked with counsel?" "Yea. about the case." through the various tests of alienists to discern brain trouble, such as reflexes,' re-flexes,' etc., tho witness nodding his assent as-sent and asserting that be knewthem all including the Romberg test. "Describo the Romberg test," commanded com-manded Jerome. Witness Is Baffled. The witness said it wss a test of the brain. "But that ia not an explanation of Romberg system. Do you know it, have you ever heard of it! "1 do not exactly know it." "How many people have yon examined exam-ined as an -expert to their insanity!" "Ob. about 800; I don't know." "Did vou use the Romberg test on any of them!" ''I don't exactly know what the Romberg test is. I cannot say." Jerome displayed the thoroughness with which he has studied medical authorities to fit. himself for the Thaw case, by leading the witness through a chain, of questions dealing with pathology, which at times seemed to thoroughly baffle the witness, who hesitated hesi-tated time and again and evaded direct answers. Dr. Wiley was still undergoing cross-examination cross-examination when a recess was taken till 2 o'clock. On the Griddle Again. Dr. Wiley resumed the stand as soon a,s the afternoon session was convened. "Who have vou talked to during the recess?" was the first question Jerome hurled at the witness. "With Mr. Gleason," said Dr. Wiley. Wi-ley. '"Who else!" "Several other gentlemen I don't know who they were." "Did yon talk about this case?" "Yes. One of the gentlemen told mo the Romberg test was a test for locomotor loco-motor ataxia. ' ' "They told you that!" Talked With Physician. "And don't you know who it was who told you that!" "He was -a physician." "Was his name known to vou!" "No." "Was it Dr. Hammond?" Di. Hammond, Ham-mond, one of Thaw's alienists, was told to stand up. "'o," the witnea replied. Jerome further continued the tactics of the morning session, putting the witness wit-ness through a rigid test as to bis professional pro-fessional knowledge. Evelyn Meets Harry. Harry Thaw came 'baCk from the Tombs for the afternoon session with a spring to his step. He had appeared depressed at the morning session. His wife, who came to the Judge's chamber cham-ber for the forenoon session, visited the prisoner during his luncheon hour. There wss the suggestion of a smile on Thaw's face at some of the queations asked Dr. Wilev by Jerome. "Doctor," Jerome proceeded, "does the cardiac nerve connect directly with the cerebellum?" The witness hesitated. "Well." resumed Jerome, "may be you can tell us if the pentumo gastric nerve joins the spinal column in. the lumbar circle or in the dorsal region!" "In the dorsal region." "Where is the dorsal region!" "I have not read much on that." "About the hypothetical questionf" "No." The witness fairly shouted the an-swer. an-swer. He also flushed angrily. "If not jealous raee the dominant J element in the mind of every man who kills from jealousy f" asked Jerome. "There may be other elements." "Stop that volunteering; answer my question." "Tell us some more of your conclusions from the hypothetical questions." ques-tions." he iw-queste.l. "The time, the manner and the place chosen ' ' Physician Offers Arguments. "So," shouted Jerome, "you think the place was chosen fcr the crime, do you f ' ' "No. My argument is that it was not chosen ' ' "I don't want your arguments. What is vour opinion was tne place chosen!" chos-en!" " No. " "Now, as to the manner do you think that because, this man with malice and hatred of the man he saw on the rooof garden, walked over to him and fired three bullets Into his body, with the revolver so close that the facewas powder burned do you think that was an act of insanity?" "Yes." "Then the killing cf any person In a jealous rage Is per se, an act of insanity?" insan-ity?" "Ye." Jerome took-the witness over everv incident of the night of the tragedv. and asked him if, in each case, he thought Thaw's acts were those of an insane man. The witness finally replied: re-plied: "Taken alone; they do not impress me so, but taken together, they do." "We have gone oer the entire case. Now, tell me, did you arrive at your opinion that he was insane from the facta of that night alone.'' Had Bead the Papers. Dr. Wiley said the occurrence? of the night of the tragedv had not wholly convinced him. He' was asked if his opinion as to the insanity of the prisoner was based upon the occur-renees occur-renees upon the roof garden, Dr. Wi'py answering that it was. "And after reading the newp-perst" newp-perst" suggested the District Attor-nev. Attor-nev. "Yes." Jerome then carried the witness Dr. Wiley Uncertain. "Oh. weil. never mind that. Tell m if it is not a fact that the pneti-mi)uia pneti-mi)uia gastric and cardiac are one and the same thing. "They may be."' "Don't you. as a specialist in nerve diseases, and an expert, know which is which T ' ' The witness remained silent. Pis-trict Pis-trict Attorney Jerome rained question after question upon him, and no answer an-swer was vouchsafed. "Did vou ever brar of carsigitis ? ' ' "No." "What books on nervous diseases have you ever read?" The witness mentioned two authorities. authori-ties. "Do you recollect a single thing that any one of those authors said?" "Not in their language." Had "Brushed Up." "When did you last read them?" "Just before coming here." " Why did you do that ? " "I merelv glanced at them."' "Dr. Wiley, can you recall anything you ever read in any book? Please state it to the iury. ' ' "I have read a translation of Oppcn-heimer Oppcn-heimer 's w orks. ' ' "How manv volumes?"' "One.' "Vou mean to sav vou real Oppen-heirner Oppen-heirner in one volume?'' ' ' Yes. ' ' "What did the hook lock like?" ' ' T d'on 't recall. ' ' "What was the precise title?" ' ' I don 't know. ' A "Nervous Practitioner.' "(Jetting back to the pneumongast ric or cardiac nerve, is it not a fact that they do not connect with the spinal col-urnn col-urnn at all, but enter the brain in the skull cavity?" The witness hesitated. Jerome relented. "I will withdraw the question, vour Honor,'' he said, turning to Justice Fitzgerald. "Are you a homeopathist ? " asked the District Attorney. ' ' No. ' ' "Well, what are you?'-"I you?'-"I am a nervous practitioner." Thaw Grows Nervous. During the long, harrowing cross examination ex-amination of the witness. Thaw's counsel were a study. Gleason looked appealingly at Dr. "Wiley as he was plied with Jerome's questions. Delmas looked inierested, and at times appeared ap-peared fatigued. Hartridge was wor- ried. Peabody was busy in conversation conversa-tion with tle prisoner a good part of the time. Attorney MrPike could not suppress a smile. Thaw finally began to bite his finger naiis. Dr. Wiley did not appear disconcerted discon-certed in the least, however. He rubbed his eyes wearily with his hands as Mr. Jerome hurled broadsides of questions at him, and made no reply. Never Examined Thaw. After ringing in every possible change in tne pneumogastric nerve, Jerome pased on to the tests of insanity in-sanity by the light and the eves. "Do you know of the Argyle-Robin-son test of lightt ' ' "Yes." "Where did vou ever hear of itf" "I don't recall." "Did you ever hear of such a thing before I asked the question!" The witnets hcaitsted. "Where." said Jerome, "in snv book in Godg whole, wide world did jou ever read anything about the Ar-gvIe-Robinson test of light T" Dr. Wiley did not reply. |