The evening world. Newspaper, February 5, 1907, Page 1

WEATHEN—Clowdy and colder; Wednesday cloudy "FULL STENOGRAPHIC REPORT | OF TESTIMONY IN THAW TRIAL | | ar i t SSS [ £6 Circulation Books Open to All.’” 1 Bes iaats tory 3a ec nae se PC ONE CENT. $70,000 FOR ACTRESS FAY | TEMPLETON, Appraiser. . Allows That Sum in the Division of —-Howell Osborn Estate, ENDS: LONG LITIGATION. Cake Has Been Before Courts | Since Osborn’s Death -Twelve-Years_Ago- Fay Templeton, comes into $20,405 as hes result ‘of the winding up of, the estate of Howell Osborn, according to fhe report of James Yereance, the ap- praiser “appointed “by urrogate— F.tz- gerald a year ago, This will probably ‘close the twelve years’ litixation’ over \ehe vast estate accumulated by Charles —3-onborn. father of Howell. He died in. 1885, leaving hla estate to his widow, — Miriam —Osborn, who died in 1591. —| Howell bas_grown_up enough to baye @evejoped a wildness which caused his mother much anxiety, and by her will ehe left only the income of & trust fund of $300.00 to Howell. with a_pro- vision —UhSt~at-hin- doath-the fund was * ¢o.be distributed among hin ehitdren, “provided that he did not marry @ “dancer, a singer or an actress.” Howell Osborn had already developed @ fondness for tho witcting Fay Tem-} pleton. She was then only a short time divorced from “Billy West, the mina- jrel, to whom she Was married ins Kentucky town, her bridal outst being a torn-and faded stage gown. Of the rest of Mrs. Osborn's $2,000,000 ede ‘oft trus: funds of $000 each for her alsters, Mrs. H. Hobart Mason and Mes. Willlam 11. Henrique, and a like amount to her niece, Mra. Lelia Olyve “Reams aha a, with. of Doewine—F- Noame, of London, for “Bir’ Byison that time come into. her life. rt ie Jurt=the-restdue-of her sate” to tho Mirinm—Oeborn Memorial Home for Aged Women. Her siaters contested the will, but ‘oat. “Howell Osborn died In February, 16%, before the contest wad settled. He lett @ will made in June, 18M, be- queathing $1.00 to his little consin, Henriette Olive Trowbridge, an orphan adopted by. his mother, the bal- ‘Ance of dis estate to Fay Templeton, who claimed to be his widow. The will gue her the privilege of taking Of Nia estate what-ahe- liked—{n—Het of a reniduary/ jlewacy, * "not to exceed in. 100.000 yg edctly twelve years since Howell Osborn died. Litigation has “haid-up the distribution. of -hix-catate Bi thet time. tut probably Miss Tem: pleton will be «lad to get that $20,000, Eren-at thie late date, ‘The appraisal of the estate shows that Osborn left $113,700 In wtocks, bonds, etc,, with no real estate and with debts ‘of 16,878. Miss Trowbridge, now grown into rormanboed: -wilt- receive i aquest _of. $1, and William oO} —@-legecy—of 400 = ‘The referee anys that the $20,496 1x the qhare under Howell Osborn's will of “Pay emp leloeprot surely not a relative,"* LEWIS SIGNS. FOR A FINISH ver: Men Post “Forfeit a—Side—Bet— of $5,000. (Bpecial to The Bvenins World.) PHILADELPHIA, Pa,, Fob, 8 —Joo Gana, of Baltimore, and Harry ‘Lewis, of Philadelphia, met by appointment in thie efy this afternoon and signed ar- ticles of agreement for a finish fight for 35,000 a alde for the lightweight cham: Bisae Bx of the world and-the biggest reo omered! ‘The men aro to fight at 143 pounds, they to en in “at the ringside ids for the Mgnt will be opened here at 133 54 and ion, In rif t ES id "Bo ulteanome fer aa ita: just where the ~-AMCING KILLED. IN IN TENNESSEE = renin ae Oy ‘Tenn.,. Feb. 5—The lense house of the General Assemhly ¥ passed the antl-rane track gam- tine Tpili The measure has alroady passed the Senate, ‘The Governor will a(gn the bill, which takes immediate et- foct ‘and deala a death blow to howe racing in. Terni hy te” Racing Prepared (ay ensee. o—Mompivis — and Naw aot had already p ‘Ing mivetings, “GD WITH GINS for] BRIGGS WINS JERSEY BATTLE FOR THE SENATE Legislature Elects Him to "Succeed Dryden in Washington. HAD SLIM. OPPOSITION] Republicans, with-T-wo. ares ‘tions, Solid for Him—Mar- tine Dembcratic: Nominee. TRENTON, N. J, Bob. B—In joint tession here to-day the’ Legislature chose Frank 0. Briggs, of ‘Trenton; to auoreed John F. Dryden tn the Unt.¢a Btates Senate. 7% votes cast, Senator Ackerman (Re- publican); voted for ~ex-Govs Grtegy, and Senator Colby yoted for Justice Pitney.” Jemes E. Martin, the nominee, received % votes. two “Democratic ~ ab- only. Reputiléan absentee an Bucks, who ts sick. was born Jn New Hamp- He was a student at PUMpa Exeter Academy and was Bmduated from West Potnt tn 1572. He pas —alwaya—been—prouinently ] Mentineg “with “potttica ance” Teaving the army. He was clected Mayor of Trenton {n 1899 and in 12 Gov. Voor- | hoes xppotnted’“htm —State~ ‘Pree |whtcn powtion he still hobia, In. 150 Mr. rixgDs was elected Chairman of the Republican State Committee, and is wtill at the head of the committes, COLD WAVE AND -POOR-CARD KEPT ‘CROWD AWAY Lacked Class—Jockey Garner Ill. He received 41 out of Demo-ratic { NEW ORLEANS WINNERS. FIRST RACE—Goldess (3 to 1) 1, Rip. Rap (3 to 1 tor pecs) 2, Pax. ton 3. ti SECOND RACE—Molo B. (18 to 4)-4, Little Wally-{6 to 1-for place) 2, Arabo 3. Molo B. waa diequalified: Wally wins; Arabo second Gould third. Little and THIRD RACE—Belle of Kent (8 to 1) 1, Babado (7-to-8 for place)-2, Dono H. 3, NEW ORLEANS, Feb }—The cold wave ‘penetrated as far South as New Orleans to-day, and the. llcht crowd, that came out to the course shivered {nthe grandstand: while ra jbetiig run, or huddled abdout- The track ‘was very heavy and the ‘card not-much-of an tmprovement-over- that of yeatenlay.—There-were one or two races that-promised well; but bie majority of events had poor-clasa: horses engagea add were. uninteresting The closing event had wn” fiir class of eprintera engaged and promised the bestrace. of- the- afternoon, —-Jockey Garner had no mounts during tho ufternoon,..He.4s IIL with —bronohitie. Betting was lght and tho books com- plained of poor businoss. 42 —Three-quarters of a mite: t, Jock Ber, 3 10 a in Dace, row. 7% Henin ere B19 Harry Gardner, 109," Mitehe io § BECOND RACE—Shott course; steeple: .3 Jockeys. Bir, PL 45. a hoes 7325 25 St eas Rings Rertoe aedks Majors) 10 SS Macy ind, kg, He gahnwo 1% 4 SCIENCE CONQUERS. A, 1007, —The lab- Direot Contact +» 10 West th ntreet, Method Co., are now open to tke public for ftre¢ demonsiration, where It; will be proved beyond doubt that Catarrh, Ast Bronohitie, Catarrhal Deatusss: can bs treated ia ret At Hund: ing treated Vets A xl iby oll pre sais Aegagearness, | and prov you orcwrlte ol Information. ‘ iniiei! toves in the inclosures. petween traces. |. Charles H. Wiley, of Pittsburg, ae Witness for the Deferie, Makes a Strong Assertion in- Favor of the Prisoner. JEROME AT FIRST FAILS TO SHAKE HIS TESTIMONY. He Testified that-the Prisoner_Was-Insane_the Night He Shot and Killed His Enemy, Stanford White—Thaw-Angry at Put- ting Him on the Stand. One of the witnesses for the defense of Harry K. Thaw, a Dr. Wiley, of Pittsburg, was completely nonplussed while under cross-examination by Mr. Jerome to-day. The doctor testified that in his opinion Thaw was insane when he killed Stanford White. He held his ground for nearly two hours, but then he gave way, while Mr. Jerome, prompted by Dr. Carlos F. McDonald, fired a terrific volley of questions at him that showed the Pittsburg-man to have a very. rudimentary kn wledge of jew When Wiley was ‘sufficiently wreckéd; Dr. Blngaain, 2180 ron Pittsburg, took the stand. He testified that he had known Thaw for thirty years, and that as a child the prisoner had suffered from most in- fant’ troubles, and that he had an attack of St. Vitus's dance. This wit- ness was not cross-examined. * He was followed by Alfred Lee Thaw, a cousin of the accused. He was called to establish the strain of insanity in the Thaw family, but: there was a prolonged argument. over. the admission of this testimony. It is the purpose-of the defense to-show thatthe father of the witness died a lunatic. DEFENSE BADLY MIXED. In sharp contrast with the business-like methods of the prosecution, Thaw’s counsel were All along In doubt regarding which witness they, would call next, and what questions they would-ask him once-he-had been called’ ‘There was a lack. of ‘system and a slackness about their conduct of- the business of the defense -all-through: the ‘day _MrJohn-B. Glason. had_active _charge of the ‘case. —His colleagues | sat mute ‘and mournful from 10 to 5. Without criticising Mr: Gleason, it_may_be said that his: style of examination and-his fashion“ of meeting Jerome's crafty objections and: cross-arguments were cut off the same piece with his. ‘opening address yesterday. i It was-an-inauspicious~beginning of Thaw’s ease ~-At-three-o'clock—this-afternoon,—when Wiley was gelting so tangled in-his statements that it looked as if a-rescue-party-would-have-to-fight its-way, fo-tha witness stand and save the flustered physician from.total extinction, Harry--Thaw, with a frown:locked in his heavy brow, turned to-one of his experts Dr. Charles G;* Wagner, “superintendent: of “the Binghamton Asylum, and whispered angrily: ‘i “Why ‘does he testify? He doesn’t know anything about my_case, anyhow. I don’t like this.” COUNSEL TRY TO EXPLAIN. Mr, Hartridge, of Thaw’s counsel, said the defense never contem- plated calling Wiley as an expert. He explained the failure of the de- fense to object to Jerome's method of questioning Wiley. by saying ‘Thaw's lawyers wanted to get a line on Jerome's method of. meeting and combating the testimony of the real experts, Justice Fitzgerald had been sitting only a few minutes when the doctor said in answer to a direct question from Mr. Jerome: “1 belleve Harry Kendal-Thaw Was insane when he killed — Stanford White on the 25th of June last.” Dr. Wiley. is.a bald, keen-faced man. of middle age, 2, with 3 an essen- tiajly professional look about him. Mr, Gleason, examined the’ physi- cian. By. way of introducing the witness Mr. Gleason brought out the fact that Wiley had made:a study of insanity and that he had formerly been Assistant Superintendent of the Pennsylyania State Asylum. AN IRRATIONAL INCIDENT. “Do you recognize this defendatit as a man whom you saw in 19062" asked Mr. Gleason, pointing to his sullen, moody-faced, broody client, who ‘sat ‘Paring over a ase apparently oblivious of what was going on. ~ “Yes, said’ the physclan, Then he described this scene: (with a brusque, ¢ jthrow.a lot of red tape out of the window in this trial. “1 was riding: ‘on a Fifth avenue car in’ ee It was in — r Summer of last year. every way. normal. up suddenly <in this manner. (indicating). {pulled it down. Then Mr. Thaw slipped the curtain. up Le repeated this act several times. “Was this action in your opinion rational or Irrational?” Mr, Jerome-objected to the form of. the question. He was over- tuled, Then Wiley-answered: — “In_-my-opinion-it-was irrational,"’-he said slowly. PUINT FOR THE DEFENSE, ae To-the-witneas-Mr. Gleason next put-2-long-hypotheticat a Ta) which he émbodied Harry Thaw’s alleged composure just before the shoot- ing of Stanford White, and his matter-off-aco demeanor. and queer remarks immediately after the shooting, -winding-up as follows: “What-would- you ae speaking professionally, of such-conduet-as-I-have -detatied?” Mr. Jeromo wanted,to object, but Justice Fitzgeraldd waved him aside} “Go ahead, sir,” Plainly Justice Fitzgerald: intends. to 4 -Ba..Dr. Wiley gave! [his reply: “Y should say that euch conduct would be élearly {rrational,” * Mr: Gleason-was obliged to reframe a-iong, double-fointed, hypothetical question after Justice Fitzgerald had cautioned the witness to give atten- tone: ne-side-issusa-or-slemonts.of conjecture in.his. answer. ‘This time -Mr.-Gleason-made-jt-plainfor aoe first-time.that the defenge| hoped to show this {mportant thing: Harry Thaw did-not-He-in-wait-for-wanke “Oni the oof-oF Madison -Square Garden. and that he did not walk Up and down watching his Intended victim and-priming his brain with fury-for tha —deod, but ~that"on his _way_out of the roof gard ide denly face to faca with White and, hout ‘Premoditation, anal a solely: on Insane-impulse of the moment, he. fired the fatal shot, Here 45 -the- part-of-Gleason‘s-languago which displayed -this new-trend in‘the.general planvof the defense:-‘Ansuming that-such-o-man,in the act of going Away “withhis:friende and -whlie in apparent: good -humor, eud= denly turned-aside and, withaut a word of warning to his friends or’any one else, fired three: bulets into a man sitting quietly ata table; and,-as- suming further,’ &c.,. &¢. MAY SHOW LACK OF COLLUSION. “Yt will be scen also that it the defense fights this phase of its case out niong-the -IMnes-of-the.reframed hypothetical question {twill try to. show. ‘that neither Evelyn Thaw nor any of Thaw’s other companions knew any- thing of his intention. \ { reply to the question in its remodelled shape, Dr, Wiley sald that basing his answers on the lawn of New York covering insanity, ho would again repeat his previous conclusion that Harry Thaw was insano at tho time of the commission of the crime. / Mr. Jerome conducted the crosss-examination. He brought ont the fact that Dr. Wiley was unacquainted with the legal I{mitations of insanity as an exéuse for crime under the Iaws of New York, “T speak merely as. a medical map,” explained the physician, know-the law's definition of Jnsat in this State." “Do you call yourself an ex in insanity,” sald Mr. Jerome, “Well, L-have given the subject of insanity much study," sald Dr. Wiley, as a nice, bright pink flush mounted tnto his clean-shaven cheeks, ‘wPhen you are-not an expert,” suggested Mr. Jerome. _ "I don't care to answer such a question in such a way,” finally said the pestered Pittsburger. ves “Haye you great knowledge?” “Well, I have, as I say, my share of the knowledge of the subject.” “Are you ‘generally regarded as an expert by your PGE HARE: per- sisted the District-Attornoy. “I belleve I am,” sald tho witness, “Well, do. you: share the opinion of your profession in’ this regard?" “I do in~a ‘measure, answered Wiley. INSANE A® THE KILLING. i, Co you now. rglye.s as zoe, Pecteencn sclentific opinion under} The conductor came anc He “I do not “+ the. witness ohalr, Mr. Thaw got aboard. His appearance was in|. He seized one of the window curtains and pulled it} ’| premises?” to have -been-on-tho-night- of -the-killing of Stanford. White..The.. Distzict ‘4ke-a~bolt turning-(m: a-lock.- {| sir," was the retort. Jerome grinned happily. of. ihe Accused and. Saye ~He Suffered from Saint Vitus's mance eae th avenge car last sunimet was insane at the time?” “I should say that at the time he was Insane.” “That will do, sir," sald Jerome. Dr. Wiley was asked If in his: ing ‘wrong ‘when be killed Waite we should: say that ha did not know wnat he did wah wrong,"’ sald Mr, Jerome wantud-to show that Dr, Wiley" RE Wild-n moment! before # Abn{- thew _knew-he- wnt: doing -wrong:-—Hte-talled-t0-nliow an suetthine: “Dp _-you-think-a “person: who-reaches-a-false-conelusion — by false premises {s insane,” be asked. “Sometimes.” |; ‘Do you regard Christian Scientists as insane?” “Not necessarily;sald Wiley, calmly, with the volce of a doctor whiss. pering a diagnosis across a sick room. f “Do you think’ Christian Science is a false conclusion, based on. false “I ‘don't know what thelr premises are,” sponse. JEROME. AN EXPERT. TEMS ELE was the non-commi{ttal fee pathology ‘of tho arterial system ‘and other t things which showed the Dij~ -trict-Attorney ‘had been dipping_ into. collateral_med!ecal. “subjects. dn--pre paring. himself for this trial. it presently developed that he’ ‘wanted ,t Know what Pr, Wiley would assume Harry Thaw's physical characteristtes Attorney grew a-bit heated. Dr. Wiley’s temperature I!kewlse went_up approximately 70° to-80. degrees. His face turned to the: color of a hot ‘out “Awe you depending on raclestiha tacts or on a mero neareay Jerome, poking bts taceforward at the witness. = “On facts,” snapped Wiley, bringing -his-faws—together—with a snap “On tacts, ale ;=plaln= facta," s.~ “Then -why-do-you- answer-this—way?"- exclatmed- Jerome; eyfog, ap parently: to. bait the. doctor inta an exhibition of temper, A RAP FOR THE DISTRICT ATTORNE: pb try to anawer fairly when Tam: interrogated “tn: A-gentiomant; ‘Hoe described-how~Phaw-had—walked-away~ from his—rtettm— wits ate gin heh-bigh-in- the air, and wanted to. know if Wiley thought shat action~was an evidence of insanity. “Taxen with other things, i would’ say_ it was suspicious,” an: Dr, Wiley, readily. “Now, then," went on Jerome, “wouldn t-you: assume that this wee rather the act of a rational man who held his gun aloft, as I have: indt- catéd, Asan evidence to the 900 persons tn the audience that -he wa CheOugt with the'Job? Wouldn't you think {t was an entirely senalble. means of seeking to ayert a panic?” : docerastallaction itselt\mlght har eane)lbut;ltiaalghtvalaoy be ‘pareiohanstes sane performance,” sald Dr. Wiley. “Certain racial operations Of the mind» ~ f may enter into an insane sequence of events.” Thaw apparently paid no‘ heed to what was going on !n front of him. He read his letters and smiled to himself at certain things in them; he éxamined his finger malls critically; he whispered to A. Russell Peabody or to the experts:in handwriting and insanity who had grouped themrelvey Into a compact, high-priced group about his counsel chamber, ‘The,ralled> {n apace where Mr. Jerome worked was also filling up with the sceptical, - cold-eyed aljenists. There must have been on hand at least a dozen =| these phrenologists of the inside of the human head, all enjoying the speos ntacle of their Pittsburg brother spearing with the aggressive prosecutor, - SERVED AS EXPERT BEFORE. ei “How often have you testified in murder cases as. an allentst?* ASKEd | Mr, Jerome. “Several times—six or seven.” “Ip, jealousy un evidence of Insanity?" “Not unless accompanied by other things—jealousy Jn Insanity." “Now, then, Mr. Scientific Expert," sald the District-Attorney enttingly, “do you think this man's declarations at the time of the shooting wore evidences of insanity?” The physician started to answer, but Mr, Jerome halted him {ny mig Hight-of his statement. “pid It ask you that, sir?” he nquired ot Dr, Wiley; mournfully space tearfully, “Did I ask for your impresaions? Jid I request you to smport YPnEs own opinions into this case?’ Now, then, } ask you this; Do you) Tet: tect 1s nod