The Oregon daily journal. (Portland, Or.) 1902-1972, February 05, 1907, Image 2

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The Oregon daily journal., February 05, 1907, Page 2, Image 2

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Newspaper Page TextTHAW'S CRIME ACT MAN, STATES Dr. Wiley, Insanity Expert, Tet tifie Regarding Prisoner's . ' ' ' Previous Action. DEFENDANT RUSHED INTO CAR AND OPENED WINDOW Considers Art Irrational Think '' : White' Marder Canned bjr Long " ; Brooding on Fancied Wrong That Unbalanced Thaw's Mind. . (Jearael gpeclal rri. ,' ' New Tork- Feb. . Ir. D. C. Wiley of Pittsburg on of Thaw' family physicians, Waa the first witness for ' the defense called thia morning la tha trial of Harry Kendall Thaw for th murder of Stanford Whit laat June. Joalah Thaw wee tha only member of tha prleoner's 'family present 'when ' court opened.' The defendant entered hurriedly and-lit down prectptra He wrote excitedly for some time on a pad Of paper on the counael table, Wiley testified h wa Inaanlty spe cialist, in tha Mixmont lnaan asylum of Pennaylvanla. - - i ' 1"What happeped In ti In Connec tion with Thaw?", askea Attorney Gla on. :.. . . ' ' "In 10I I waa a- paengr on a oar. Thaw entered and without apparent resaon yanked tha blind of a window 1 down. It waa evening. The conductor " pulle4 It tip Thaw's 'action created furore. Hla manner waa vacua, seral " defiant." , ' -, Oleaaon aaked If the act-waa rational , and. tha w(tneas replied, "I should aay not" . ' , Think Tbw lnaane. , . Oleaaon framed a hypothetical quee - tlon embodying ThaWa acta Just prevl ' ua to the shooting and th manner of lila remarks after tha .killing, and aakad WiRy if la hi opinion the man who ; committed auch an act waa Bane or In ' . Bane. ... "My opinion la that tha man In th "I object." shouted Jerome. ' Tha battle of allenlata waa on. Th .'doctor, finally anawered that In hla opinion the man who acted aa Thaw did after the shooting waa undoubtedly in , aane. . ' " Gleaaon aaked, "If yon knew, that; ; hereditary Inaanlty waa in th family, would this knowledge aid In your con clusion?" , . The wltneaa said.- "I think It would." Jerome began the cross-examination. ntt artred! . "you do not know what the laws of tha state provide in excuse for crime by the insane T" r Battle Wit Jerome. -Wltneaa: "Cannot say I do." Jerome forced th wltneaa to admit that he had formed an opinion on the hypothetical queatlon from what he had been told of facts In the caae, and what he had obaerved on th car in Pittsburg 'Now.ks an expert, began Jerome, but Wiley interrupted, tt do not know . that I am aa expert." i "Do you km you are not aa x . pert," aakad Jerome. "I nave had aome experience in In aanlty caaea. I believe I am consld ered an expert," replied Wiley. "What do i you believe you-' arT" ' aaked Jerome. lawiel 51 Years Mr and Mrs. F. A. Wciblen, of 567 Forest Street, St Paul, Minn., who have been married f?fty-one years, are hale, hearty and vigorous, Mr. Weiblen at the age of seventy-one and Mrs. Weibjen at the age of seventy-three, -thanks to-thereat renewerHjf-youthrDuffys-PureIalt Whiskey. ',' -i' ' ; Mr. Weiblen served in the United States Navy during the War of the Rebellion and was in business twenty-two years in Cumber- J J tiff. ---"- a. ". . w : aiano, witL. oczore nc movea 10 " ' ' ' ' - ' " i a r - ' MR. AND MRS. F. A. WEIBLEN. . "It Is true we hav been using your mal whiskey in small doses for some . tlm for kidney trouble, and have found won rf- I benefit from Its use. ,W hall keep it on hand for use when occasion requires.' F. A. Weiblen and rife, 67 Forest at., St. Paul, Minn, July 11, 106. Duffy's Pure Malt Whiskey Is an absolutely pure, gentle and invigorating stimulant and tonic, it builds tip th nerv tissues, tones up tha heart, glvea. power to the "brain, strength and elasticity to the muaclea, and richnea to the blood. It brings into action all th vital foroea. It makes digestion perfect, and enables you to get from ; the food you eat all the nourishment It containa. It la Invaluable for over worked men, delicate women and sickly children, as it Is a food already di gested. It strengthens and auatxlna the . . . . system, Is a promoter of good health sod longevity, makes the old roiing ail keepa the young strong. Duffy'e Is rerognlsed aa a medicine everywhere, nd Is guaranteed absolutely pure. , Skilled chemlata, whenever they anal ysed It during the paat fifty years, hare always found it pure and possessing properties of great medlclnsl value. Our guarantee is on every bottle. ' BIViBl of dugeroea Imitations aad nbetitatea. They are positively harsaral and, are sold fog profit only by amserapaloas dealers. Look fe tke trade-mark, the "OleV CfcexalaV ea the label, aad be eertela the seal ever tke aork 1 nakrekem. All druggists, gre- ' ears or dealers ew direct S1.O0 a bottle. OoetAfe advlee ea tUaetrated saaaleal . , booklet free. Daffy Malt Whiskey Co, ' Svoeaeeter, -M w Tork. v . . THE W. T. Jerome, Who "I have knowledge, of th aubject," replied th wltneaa. "Do you mean to "tell m you earn here and on th mere facta known to you in tha caae that you teatlfy aa an expert and give an anawer to that hy pothetical question?" . . 1 "lea." t Answer Is stricken On. Oleaaon aaked tha wltneaa If he thought that Thaw knew at th time of the ahootlng that th act was wrong ful and that he knew its nature. "He did. not," replied Wiley. After a wrangle upon Jerome' a mo tion it was ordered that th answer be stricken from the records. The anawer waa not la accordance with the rules of evidence laid down "by th court of appealr In the opinion on a hypothetical 1""""" whlfh ! in .irnrH with tha rule. Wiley anawered that he believed th act waa that of an lnaane man. Attain Jerome went at th wltneaa, asking him what he believed. "I believe that he was suffering from a delusion," said Wiley.' ' "Of what naturT" aakad Jerome They - were the tmpreaalona reached by forty conclusions," said Wiley. ITJa jrou..know. anything about Chria tlan Science V aaked Jerome. "I have soma friends who believe in it." ' ' . "Do' you bell v them insane ? "No." . . " Then. .Jerome and the witness wrestled with th medical difference between pathologyical conditiona and perverted functions. Among the alienists who It Is said L L..J f aui. -,: - i -OREGON DAILY- JOURNAL, PORTLAND. . TUESDAY., OF INSANE : FAMOUS ALIENIST . . 7" . - - -- :-V, I Prosecuting Thaw. will testify as to Thaw's Insanity be aldea Dr. C C. Wiley, who was for six years superintendent of the Pennsyl vania state hospital for the Insane and recognised i aa one" of the highest au thorities on afflictions of tha bratna, are Dr. C. F. Bingham, for. 12 year th Thaw famUy physician, and Henry Hutchinson of Dixmont. Pennsylvania, a celebrated authority on th treatment of the insane. Jerome mad Wiley admit that the opinion that Thaw is- Insane waa based upon th streetcar Incident, but not until " after he had read " of - thshoot ing, and further admitted that his opin ion was parUy formed by what he had read in the newspapers. Jerome re turned to the question of pathological conditions and perverted runctiona, ana aaked Wiley If he applied the .Romberg Teartr ' "I dont know what th Romberg test is," replied th witness. "What you an expert on mental and nervous diseases, and don't know what the Romberg test isT sharply aakad Jerome. "Have you read Hacktuck'a book?" The witness said he had. but did not recall the Romberg test. 1 1 Jerome kept . the witness under a was still under fire at the recess hour. The court asked if he would be very long, and Jerome aald: "Yes; I find th wltneaa is interesting." ; . CAUSE OF THE CRIME Thaw Harassed and ' Persecuted by - .. .Whlto for Veara.. . ' (Joornitl Special Rerrlee.) New Tork. Feb. 8. Attorney Gleaaon. of counsel .for the defense in the Thaw case, in making the opening atatement for- the defense, said they would -show that Thaw was haraaaed and persecuted by Stanford White for years. He said he was sure that when the jury had poaaesslon of the defense it would find th act, if not th act of an insane man, waa at least not an act of crime. He discussed Insanity and how it waa usually determined. Ha aald that when- ' committed the question of Inaanlty waa bound to Intrude itself. Xereai ed Stree. , "The question occuraT" Oleaaon aald, what made this man lnaane? We an awer. Two things heredity and stress.'-) We show that he waa lnaane In both re spect to a marked degreet that there was insanity in this man'a family, and that under great strrt tanlty will de velop." . Thaw sat with bowed head during this exposition mad by hi attorney of In sanity In the peculiar phases deemed ap plicable In his case. He rarely lifted hla eyea to the' lawyer fighting for his life, Gleaaon continued:. "The prosecution must show beyond a reasonable doubt that tha defendant ia aane. The only question to be deter mined Is. when he shot waa he insane? We will show curious causes from which Insanity might have arisen in his caae. : aistery --of xtomano. : - "In ISO! -Thaw - met Kvelyn Neeblt. He loved her with as true a love a any man in this room ever loved. - In March, 103. he went to th glrl'g mother and asked her hand in marriage. At about that tlm Evelyn underwent a sever operation and went to Kurope with her mother. Thaw asked Evelyn to marry him. The reasons for her refusal ahe 1 will tell you. . "The reasons ah will giv will show the grounds of the future mental aber ration of this man. From th moment of her refuaal the tdei'heeam fixed in this man's mind about Whit whloh ter minated in White's d,rath. Under th Influence of that idea he carried a re volver from 1904 on. We will show that when he saw White glowering at him on th roof of Mftdlson Square garden he became convinced that Providence waa directing' hla set, and the act waa don." Believed Marder Just "After th act waa done Thaw still believed It the act of God. We will show by evidence his distorted mind, snd it will be impossible for you to be lieve the defendant other than Insane when he committed the deed." When Oleaaon concluded tha Judge said he hoped the lawyers would adopt such -courses a would expedite the trial. The court's ruling that all wltnessea be excluded during the presentation of testimony will keep the wife and mother of the prisoner from hi side during the ordeal. - His brother Jos I ah and .Mrs. Carnegie, who are not witneaaea. were preaent dur ing the opening statement of 'his attor ney. . , . - . '. OLEASON VERY WISE Winifred Black Calls Attorney Pompous Little Man. My Winifred Tllack. Olesnt News fvVe.) ' ' NW Torh-,. Feb. S. If I war In th placa of the prisoner at th bar In the Thaw ease, I know what I would do before this grtxxled world Is "one 'day older. I would take Counsel Gleaaun tenderly, but firmly, by the buttonhole, lead him into siue dark and secluded corner of the Tom he and whisper in hla ear a fond goodby. Attorney Oleaaon Is doing hla uncon scloua beat to win his client's caae for the proeeoutlon., lie thinks he la stand ing for Mr. Thaw, but wnai ne turns is far, far from being the tact. , ' Attorney (I lea son popped Into the forearound all day yesterday with SO much of thai appearance and the fuasy regularity of the little wooden figure on top of a 8w(sa clock that it took quite an effort of will or the Imagina tive spectator to atop listening for th whirl of th wheels and the striking of th hoar;: - pompon XJttl te, . , One out of the derwnt obscurity of the background. Mr. Oleason took the floor with all the pompous delight of a little man who lovaa to get on a plat form that will make him look tall. Ha ros and fell from heel to to with hi hands crossed behind him and bis aggressive little chin wall In th back ground, "I see th sympathy writer are all out In force." said a man of the world to me in the courtroom thia morning. "Tears, I suppose, and sighs and moan a. Where do you creatures of emotlona find them all?" . - 1 looked at t"h man of the world and saw hla aleek hair and his smooth face and the lines about hla mouth that he trie hla beat to make cynical, and said to him: . -. Teart Well, what do you find In a place Ilk this, kind sir of the superior mind, laughter?" And he looked at ma and smiled (cynically). v nr f saw htm ehullna- wondrousiy to himself as he wrote some clever wu tlolstns In which h called the man who ia fighting for hla life and the-nttl girl-wife who is standing by him sev eral very amusing and extremely cynical names. Waare Zs Jtvalyn's Kotnert Pal, llttl Mr. Harry Thaw grows paler every day until you cannot look at hr without wondering where ! finds strength to sit through,, the long, long weary day In court. I wonder where Evelyn Nesblt s mother is and what aha la doing these daya while her foolish, light-headed girl la wading deeper and deeper out into th dark waters of grief. Where she was when hr daughter went into the life-that meant shameaad misery comfortably at home In bar y.chair? ... ; .' NO PAZ2UN0 LOVELINESS Evelyn Tortured by Doubt and In Agony of Fear. r-B Alfred Henry Lewie. (Heat If ewe gerrlee.) . Nw Tork, Feb. . Teaterday morn ing, prompted by the hope of stealing an idea, I Jealoualy read th Thaw trial In the" dally papers. Every account, and some to the verg of ecatacy, laid stress on th beauty of Thaw slaters and mother, but more particularly on the dasallng lovelinesa of Evelyn Thaw. I did mx individual best to discover thia transcendent Dlllrrltud f QJ mX- self "but failed. The faces of th Thaw sisters and mother, heavy rather than light, are beat, described aa common place, almoat dignified by troubl and manifest fortitud whrwith they con front it. As for Evelyn Thaw, she wear th look of on too -worn and tortured to permit on to think of her in th am aentenc with "beautiful." What aba was or will be, with brighter skies . . .... W.I. - V.. Kr . . r. iTtA mav not say. Aa she sits la court, how ever, with her fear-etrnck eyea and pain hollowed cheek, there appears nothing of that "dassllng loveliness," Vales agony poasess graoe, and charm can dwell In untold mlry. . . . , Florence for Family. " Women ar more blindly loyal, more faithfully brave than men. They are more' secret, more aisoreet, ox oioser oounsel. , Best of all, jrou cannot bribe a woman, nor frighten her love with a threat. And now, -whn jaious raan ness has. brought down the storm. Thaw's most hopeful fortune of all is found In that-quartet-of women who furnish in the dread picture whereof he Is the central figure a background of sympathy. It la they who will aave him. The wife, the sisters, and beyond the rest the mother, have won for Thaw the good wishes of half the actors in this drama and every looker-on. In its material lines ths story of th White killing is aa well understood by HI ag"though"tt"hnd" been told and heard" a score of times. Thaw killed wnit and that on la dull who does not guess the reason. Every soul about the court room knows what Thaw did and why he did It- Likewise nine in ten would vote to set him free. Fortifies y BgotUsa. - This tolsranc la not for Thaw. It Is a tribute if what Is given generously and of free, unbought, undriven will should be called so to th mother and wife and sisters who, in th cruel na ture of events, live a much within th shadow of th motive of It. I also tell you that there exists no flesh and blood difference between the spectator and a juryman. It Is asking overmuch of ths humsn heart to expect it to sen tence a son to the chair while his moth er sits looking on. Next to the defendant himself Evelyn Thaw, of those most nearly Interested, betrays feeling. tr Is - to 1 thought, too. that more deeply even than in th instance of Thaw himself, th Iron of a terrlbl situation has entered her soul. Ha lives on nervous edge, but it is from anxiety,, not sorrow; while she sits smitten In a kind of numbness of des pair. Also he U fortified by an egotlam much greater than hers.- This, saves him and uplifts him. The number one habit Is not always a bad habit, end has come to It owner s rescue on many a trying field. Speaking of Thaw, on cannot fall to not how his eyea, when h is not wh! THE BEST TEACHER Zxperlenoe StUl Holds th Old Falm, For real practical reliability and some thing to swear by, experience plain old experience I able to carry a big load yet without getting swaynacked. A South Dakota woman found Som thing abcut food .rom Old Erjerlence, a good, reliable teacher, ; w (the writes: "I think I have used almoat every breakfast food manufactured, but none qual Orape-Nut in my estimation. "I waa greatly bothered .with weak stomach and indigestion, with formation of gas after eating, and tried many remedies for it but did not find relief. "Than I decided I must diet and see If I could not overcome the difficulty that way. My choice of food waa Orape Nut, because the doctor told me I could not digest atar hy food. -- "It has been a great benefit to me, for I feel Ilk a different, person alnc I began to eat it. It la wonderful to m how strong my nerves hav become, I advise everyone to try it for experi ence s the best learner. "If you have any atomacb trouble, can't digest your food, use Grape-Nuts food for breakfast at least, and you won't be' able to praise It enough when you see how different you feel.". Nam given by Postum Co., Battle Creek. Mich." Read the little book, "The Road to Well rlli." In package. "There a Reason." j ' .' : - "' ' EVENING. FEBRUARY g. perlng io one of hiycounsel. dart hither and yon about tha foom. There la, too, a roll and a wlldneaa and much showing of the whites, never seen by me, at least, outalde the branding pen. The are the algn visible when cattle feel the. Intense, bite of the white hot Iron. Judge Tltagerald. Thaw, a he Is brought to th plow. ahare of actual trial. Is not without ele ments of good fortune. For one migbty matter he Is fortunate in hla bench, Judge Fltxgerald not only- has fame as one who. knows the law, but ' his in stincts themselves are for justice, while mercy and no bitterness lies at the baa of hla nature. Physically he la big and heavy, and these oliaracterlatlca are given an em phaeia by hU black robe. It ia no bad thing for a Judge to be big and heavy; hts findings gain weight aa emanating from sources moat profound. Beat of all. Judge Fltsgerald has a sense of humor and amlle Ilea always waiting in the corners of his mouth. where there is humor there is hope. For myaelf I fear nothing ao much aa the man who never laughs. Altogether from th Thaw viewpoint. In all that Judge Fltsgerald looka and aeems and is, there should abide a comfort and much to fd th fires of confidence. . FIRE ALARM SYSTEM ON WEST SIDE IS IN ORDER e ' Th antlr weat side fir d alarm ayatam waa reported to be In perfect order by Buperln- tendent . Savarlau of : the fire e alarm and 'police telegraph this e morning. On the east side m - number of stations are still suf-" fering from the effects of the e) freeae-up. The eleotrlcians are e e working on thes olroulta, and Mr. Bavarian expecta to hav e all the stations In good order by e tomorrow. e In getting the weat side lines in shape, Mr. Savarlau and hla aaalstant . and Ex-8uprlntend- e ent Oeorge J. Walker and the firemen detailed by ' Chief e Campbell worked night and day since th freeseup of January e 21. The line In th principal e portlona of th two sides of th q e river were repaired flret. and e those that remain to be fixed are - thoa in districts where there e ' are- no business ..houses, and. comparatively few realdanoea. - e t TEACHERS TQ INSTRUCT IN Courts In 8chools Proposed by Society for. , Ethical r ' Education. Xha Society for Ethical Education hold a meeting last night at Mr Luoy Mallorys parlors. 111 Sixth street. The subject for discussion waa "Th Imm mortallty of th 8ouI." Th eoclety 1 pushing th claims of a bill before' th legislature author ising athloavl Instruction In th publlo schools of th state. It provide for the introduction of courses for elevat ing tha principle of children and makaa teachers responsible for the ppulle at tttnde -towsjrdrme another "and 'toward all of God's living; creature a. The object of the association la to teaoh the, aaoredneaa of human life and the; full import of th commandment, "Thou halt not kill." Th principles of truth, justice, morality, patriotism and refinement are Involved In the pro posed course and the avoldanc of Idle ness, falsehood, profanity, vulgarity and intemperance, and a recommenda tion is mad for spending at least on hoar a week In" teaching the student kindness to one another and toward do- mestio animals and all living creatures. - Mr. L.ydla A. Irons is president of the society; Mr. Lucy A. Mallory, vlce-prealdent; Ida Hulery FleWier, secretary; E. De Toung, treasurer; J. F, Irons, general delivery. . Crop prospects this time of year war never better In Morrow county. G mpshh' The most sensational values in our history are being offered now, as our. new store will be ready about March IS, and we will not. pack one single garment .' . ' , ; ., ; across the'street'to our newh6meTl r"T" Every Goat Must Go COATS as Wednesday and Thursday Special, values up ( O to $12.50. . : : ... . &ir2ij COATS as Wednesday and Thursday Special, values up ; ; (J C ' to $22.50V.r. ; ". .i.e . . : . .. tj) J 'A w COATS as Wednesday and Thursday Special, values up (CO to $27.50. . . ..... ... 4 y d Suits of all descriptions and prices, and every one of them got to go. See Window. ' REMEMBER, we own, operate and maintain a manufacturing plant of Ladies Garments, and have the real man tailors to fit you. The garments you pur chase in our store will be handled in an expert manner. You will find no such , - . . equipment elsewhere. .: Je Mo .1007. JAPAN SPOILS FOR HO FIGHT Ambassador, Aakl, Under In structions, Issues Most Pos itive Denial. (Jouraal ftpeeUI genles.) Washington, Feb. I. A Chicago paper having wired th Japaneae minla ter o fforelgq affair asking aa to th attitude of th Japanese in th preaent attuatlon, th minister referred th paper to th Japaneae ambaaaador at Waahlngton and ordered Aokl.to "Con vey to the American people ihe Japa nese government's disavowal of all In FOR THIS WE OC All bur $18, $20, $22.50 fancy SUITS and OVERCOATS AT 7 All our $25, $27.50, $30 Taney SUITS and OVERCOATS MM: ii'iiil I 269-271 Morrison Street g-OniSale AT 131 FIFTH STRX1LT t -: SILK PETTICOATS; values up .to $7.50, Wednesday and O ' C I Thursday.".... . . . . .....tpO " 1 ABOUT 200 SKIRTS, values up to $10.00, Wednesday and (J f Ci Thursday. . . .... ....... & Or Thousands SKIRTS, and Window. Adiesoin Co clination toward war and the belief that tte differences ar ausceptibl of paolf lo treatment." Aokl directed hla counsellor at th embassy te say: -; "Storlea that Japan ha made any do ' j manda or delivered any ultimatum to th United State ar without found- tlon. There ha never veu been a y claah of Opinion between u and the.. state department. The department from , the start conceded we were right and that Japaneae children were treated la gnn Francisco In a mannr In violation of treaty. We have the right of th matter and shall deal only with th federal government." FAR AWfcY EARTHQUAKE LASTS NINETY MINUTES tJeiraal Special sarrke.1 ' Vienna. Feb. I. Profeaaor Bolar, at La! bach, says the seismograph reoorded ' an urthquak Sunday lasting 10 min utes, fcr 00 miles from Latbacb, , Petticoat Special 4 'upon thousands -4 of they have got to go. See J. . .