CHAPTER VI.

“I Swear Harry K. Thaw Was Insane.”

DEFENSE BEGINS TERRIFIC FIGHT TO PROVE YOUNG MILLIONAIRE WAS CRAZED

BY WHITE’S ACTS--DR. WILEY, THAW’S FAMILY PHYSICIAN, DECLARES HARRY

DID NOT REALIZE WHAT HE WAS DOING--THEATER EMPLOYE PROVED IMPORTANT

POINT THAT WHITE HAD THREATENED YOUNG THAW--ANOTHER PHYSICIAN

ASSERTED THE SLAYER, WHILE YOUNG, HAD ST. VITUS DANCE, A DREAD

MALADY THAT MIGHT HAVE AFFECTED HIS BRAIN--EVELYN PALE AND

WORRIED--PRISONER RAGING IN HIS CELL--THE CRISIS AHEAD.

Experts on the subject of insanity--famous physicians whose testimony

cost from $100 to $500 a day each, and whose services required an

expenditure of more than a half million dollars--were the central

figures in the early part of this celebrated trial. The defense began by

forging the links in the chain of circumstances which, it was asserted,

had disordered the brain of Harry Thaw and caused him to kill White.

The first witness for the defense was Dr. C. C. Wiley of Pittsburg, the

Thaws’ family physician, who was connected with the Dixmont Insane

Asylum. During Dr. Wiley’s examination, the young prisoner sat with

paper and pencil, taking notes and consulting

[Illustration: DELPHIN M. DELMAS

Thaw’s chief lawyer.]

constantly with his counsel. He was pale and nervous, and shuddered at

the slightest unusual noise in the court room. Jerome went at the

witness pitilessly, asked him trick questions, and endeavored a hundred

times to trap him into an admission that Thaw might not have been insane

at the time he killed White.

Jerome failed. When the day had closed the evidence as to insanity

remained unshaken, but the witness was exhausted and so confused that he

often took refuge in the answer “I don’t know,” or “I cannot recall.”

Mr. Gleason, attorney for Thaw, asked the expert a hypothetical question

the answer to which immeasurably strengthened the plea that Thaw was

insane. It was:

“Assuming that any man was proved to you, as an expert, to have attended

a roof garden the day of June 25, 1906, the occasion of the opening of a

theatrical entertainment which was largely attended, and that on walking

out from the theater, with his wife near him, and apparently in a quiet

and orderly manner; that that man should turn aside and fire three shots

from a revolver into a man who was sitting at the table and to whom he

did not speak; that this man then held the pistol above his head and

walked quietly toward an elevator; that he gave up the pistol without

resistance and did not make any attempt to escape, and that he said, ‘He

ruined my wife,’ and that immediately thereafter he said to his wife, ‘I

have probably saved your life,’ I ask you, sir, upon your judgment as

an expert, whether you are able to give an opinion touching on the

sanity of the man who made that answer?”

“I can,” said Dr. Wiley.

“Will you express that opinion?”

“I believe that that man -- --”

District Attorney Jerome objected.

“You must not state a belief,” said Mr. Jerome, “that is not evidence.

You must give an opinion.”

“My opinion,” said Dr. Wiley, “is that the man who committed the act

described was suffering from insanity.”

Other striking assertions from Dr. Wiley’s testimony were:

“The act of Harry K. Thaw was that of an insane man.

“The remark Thaw made to his wife after the tragedy, ‘I have probably

saved your life,’ is an indication of an insane delusion.

“I have examined 800 people as to their sanity, and should know the

prisoner’s condition.

“When I examined Harry in the Tombs prison after the murder his actions

were irrational.”

Dr. Wiley was on the stand for the defense all the first day, and at the

opening of the second day a sensation came when Mr. Delmas took the helm

of the defense, and called Benjamin Bowman as the second witness. Jerome

had refused to allow Bowman to

[Illustration: COUNTESS OF YARMOUTH

Harry Thaw’s sister.]

testify for the state. Bowman in 1903 was a doorkeeper at the Madison

Square Garden Theater.

“I knew Stanford White and Harry Thaw,” Bowman swore. “A few nights

after Christmas, 1903, Stanford White came up to me after the show and

wanted to know if Miss Nesbit had gone home. I told him she had. He

replied: ‘You are a liar.’ I told him to go back on the stage and see

for himself.

“When he returned, and as he passed me he pulled a pistol from his

pocket and muttered: “I’ll find and kill that-- -- -- -- -- -- -- -- before

daylight.’”

“Did you tell Harry Thaw of this threat against his life?” asked Delmas.

“Yes, I met him on Fifth avenue and told him I wanted to speak with him

regarding Miss Nesbit. I then told him of the incident at the theater

and of White’s threat.”

“What was Mr. White’s condition when he made the threat?”

“He was black in the face with anger.”

This ended the direct examination of Bowman, and Justice Fitzgerald

said:

“If there are any persons in the courtroom whose sense of propriety

would be offended by the testimony of this witness the court will give

them an opportunity now to withdraw.”

“We must ask the court to bear with us in bringing out this testimony,”

explained Delmas, “but it is essential.”

“It is perfectly right and proper,” Justice Fitzgerald quickly assured

the lawyer. “There are ladies here, however, and I think they should be

given the opportunity to withdraw if they so desire.”

The Countess of Yarmouth and Mrs. George L. Carnegie quickly left the

courtroom.

Mrs. Evelyn Nesbit Thaw and May McKenzie arrived at the courthouse some

time after the session had begun.

In cross-examination by Mr. Jerome the witness clung to his story. He

added that “The Girl From Dixie” was playing at the Roof Garden Theater

at the time, and that White and Thaw even then were rivals for Miss

Nesbit’s affections.

The next witness was Martin Green, a newspaper man, who saw Thaw just

after the shooting. He was asked as to Thaw’s manner after he committed

the murder.

“He held the pistol high above his head,” said Mr. Green, “He was very

pale, his eyes seemed about to pop out of his head, and his hair was

hanging well down on his forehead.”

Dr. John Franklin Bingaman of Pittsburg, one of the Thaw alienists,

testified he had known Harry Thaw for thirty years. He attended him when

he was two or three years old. Thaw had children’s diseases and St.

Vitus’ dance.

Dr. Bingaman said that Thaw’s condition might be called a neurotic

temperament.

Mr. Jerome asked only two questions in cross-examination. In response to

them Dr. Bingaman said Thaw had the St. Vitus’ dance when he was six or

seven years old.

At the end of this day’s hearing Harry Thaw was in a frenzy. In his cell

he denounced his lawyers for their determination to make insanity the

defense. Adding to his troubles was the fact that his beautiful young

wife was to go on the stand next day and bare her tragic life to the

public gaze.

Mrs. Thaw dreaded the ordeal. She was barred from the court-room during

the latter part of the early testimony, but extra editions of the

newspapers were brought to her hourly, and she read the testimony she

was not allowed to hear. She was ghastly pale, and at times appeared

about to collapse.

Next day brought the crisis in the most sensational trial of the

twentieth century, with the fair, slender Evelyn--the leader in the

battle to save her husband’s life.

The Great Harry Thaw Case; Or, A Woman's Sacrifice · 第 6 / 26 章