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The Herald, 1907-02-15, Page 6INSANITY of HARRY MAW. District AttorliievWrestles With the Defence's Expert. Collateral Evidence hied Out by the Judge. Were Cousins on Either Side of Douse ;Insane? New York Feb. 11.—The task o proving to a jury tbat Harry Thaw was 'insane --through heredity and mental stress—when he shot and killed Stan- ferd White, was taken up to -day by tyle • defence, but when adjournment A waa announced later in the afternoon it rice the general opinion in the court roma that but little progress had been made. Thaw's attorneys endeavored t., vain to place before the jury evi- demce tending to prove a strain of in- sanity in the collateral branches of the • ;defendant's family. but they were blocked at every point by District At- torney Jerome, whose objections were ' upheld by the rulings of Justice Pitz- • •gerald, The defence did, however, get before the twelve inen in the box the testimony of an expert that in his opinion Harry Thaw was .suffering • from insanity the night of the tra- gedy.' Mr. Jerome undertook to break ' down the evidence of the alienist, Dr. C. C. Wiley, of Pittsburg, and for three hours put him through a cross-exam- inath n as severe as was ever heard in a New York court. The prosecutor was relentless in his attack, and be- fore he had finished, Dr. Wiley protest- ingly declared: "1 did not come here as an expert; I came as a witness to a fact and I have been converted into au expert without being prepared for it.", • . Witness admitted that he had never conversed with the prisoner and had never applied any of the recognized tests of insanity to him. ' The District Alt ornev finally drew from the alienist the opinion that : Thaw's acts on the Madison Square Roof Garden when he killed Stanford i Vhite were not acts of insanity' when •'taken singly, but constituted evidence of insanity when considered collective- ly. The cress -examination ]astea prac- tically the entire morning' and extend- , ed.for nearly two hours into the after- noon session;- , At the close of Mr. Jerome's cross- examination of Dr. Wiley an attempt was made to introduce testimony tend- ' ing to show the strain of insanityaaid to have existed in certain branches of the Thaw family. Among the witnesses f called to the stand was Albert Lee ` Thaw, of Richmond, Va., who said that his father and Harry Thaw's father 'were first eousins. The defence stated Its purpose to draw from the witness : the fact that his father died in an asylum for the insane, when Mr. Jerome objected. Ile declared the relationship of both the witness and his father too far removed from the defendant to be competent. Resides; he added, the law is not,. satisfies: that a man is insane . merely became; he dies in an asylum. There must :.:- competent testimony to the ':fact. 'i•he Judge upheld Mr. Jerome. Dr. C. 11, r;uganian, of Pittsburg, who 'has b"•. n a family physician of '.Chew's for thirty years. took the stand, and testified that he had known Harry Thaw ever since his infancy. • When Thavrevas about seven the doctor had treated him for St. Vitus' dance. He seemed to be a lad of highly nervous temperament and slept badly at night. Dr.. John F. Deemer, of Kittanning, Pa., the family physician of the Copleys, Mrs. Wm. Thaw, the prisoner's mother, having been a Miss Copley, was the Jest witness of the day. He was called to testify as to the mental condition of John Rose, a cousin of Harry K, Thaw, when Mr. Jerome objected. The de- fence had not their authorities on the introduction, of collateral insanity in court, and the case was adjourned till to -morrow that they might procure' them. LIVING WITHOUT PART OP BRAIN. Lawsuit Reveals a Remarkable Feat of Surgery. • Montreal, I+eh. IL -43y a sur brought to -day against the Grand Trunk Railway Company is brought to light one of the strangest surgical eases which has yet come under the notice of medical prac- titioners in Montreal, and involves a man living without a portion of his brain. A, ,loliuoeut' was driving hi:i bread f - wagon across the railway tracks at St. Henri, when he wati struck by a Grand Trunk tender, and knocked unconscious. Ho was removed to he 'General pital, where it was Pound that his skull was badly crushed, and Dr. 1+. J.:;hep- herd and the other surgeons, after con- sultation, decided that the only possible way to save the loan's life was to re- move a portion of the brain. The del cate operation was successful, and Jol coeur, who is twenty-four years of ag is enjoying good health, but his mind by no means strong. Through a judicial adviser. he has taken action against the railway com- pany for $10,500. NEWS IN BRIEF � I RELIEF TRAIN. I SHOT DOWN CANADIAN. The re'eount resulted in the Weston local option by-law being sustained. The Chapman 'Hotel at Sarnia was burned"onTuesday and ees'eral of the guests had a narrow escape. The new nurses' home, at Toronto, the gift of Mr, joint Bees Robertson to the Hospital for `ick Children, was opened. The ateauter ?akar. `,elonging to the Dale Sand Coaupntth- Chattanooga, 'i'enn,, WAS blown r;, ,i.".terday near Wil- liams' Island, e ft it. ;taloa below Chatta- ndoga, on the 'lnieteeee River.. James Thompson, capteina woe dangerously iu jured. A negl'o fi_`f!man is missing. A commission •uppeinted by President Roosevelt ]las nnei +chert gigantic land (rends in Califoania, rnniicating several men of influence is The Manitoba .'gishature, with but one dissenting se'`',;, has adopted the resolution providiy „i; for the fair wage clause in all Col r»n'st. • contracts. Rev. 'William M i -t:inlay. pastor of South Side Presse , e coca Church, Toron- to, was yesterday, sneered Moderator of the Presbytery of 'Nona: for the next six months. The investigate is by the Ontario Railway and ;tlunii ilial Board into Me street car overs owding in Toronto was advanced a st tg'e yesterday, and adjourned till Thinaduee morning at 11 o'clock. Galt Town Comaal last night decided to ask the alydtca•h,eetric Commission • to send an enginteei here to definitely ascertain the actual amount of Niagara • power required by the Town. Josiah Gilbert, ;elle was scnteneod in Regina in Novena:ea ;act to be executed on February lSth '.nr the murder of Barrett Henderson, •,as been reprieved until March Sth a:he Supreme Court has allowed an mien of the time appealf • i ns othe 4•p GALT CHURCH TO SECEDE. U. P. Church Intends to Join Presbyter- ian Church of Canada. Galt, Ont., despach: The Gal branch of the United Presbyterian Church in Canada Inst night voted, 156 to 49, to join the Canadian Persbyterian Church The vote was the outcome of reeen congregational disaffection, which result ed in the resignation of Rev. Dr. King the pastor of 1S years. Tee property here is a valuable one coisieting of a church building and grounds in the centre of the town, on whieh $1:1,000 was recently expended in refitt;og and furnishing, and a manse, worth x(1.000. The question rises whether the administrators of the U. P. Church affairs will consent to a sur- render of all this prope:ty to another ennlniunion. A meeting of the congregation has been called to consigner the unique sit - nation. If those who voted against the i s' change maintain their opposition, as they probably will. au application will imme- diately be made to the Ontario Legisla- ture for a. private hill, transferring the property of the t.. P Church to the Can- adian Presbyterian ('hurch. e -o IMPERIAL EMIGRATION. a. _ (uestion Suggested for Discussion at Colonial Conference. Laindon. Feb. I1.—Richard Arthur, Pre- sident of the Australian Emigration Leave, writes the papers pretesting against iiltornraltioli, regarrdltige:;ea Unite:] States being provided at pul,ebet coat, and suggesting that the initiation of a great system of imperial emigrae tion should be discussed at the Colonial Conference. He says Australia is pre- pared to enter heartily into such a pro- posal. 'The Chronicle says this is a form of colonial conference to which the Common- wealth need take no exception. It doubts, however, whether Australia has the same gift for advertising as Canada has. •® WEDS WITH BROKEN LEG. Lakefield Man Met With an Accident While Going to Church. Peerborto despatch: A broken leg on his wedding day did not prevent the bridegroom, Thos. Gingras, an employee of the Cavendish Lumber Company, of Lakefield, from being married to -day to Miss Queen, a popular young lady at Young's Point. Gingras was driving from Lakefield to the Donnan Catholic Church at Young's Point, when the sleigh was upset and his leg fractured near the thigh. He heroicaly continued his journey and went through the ceremony in the presence of a large number of guests. After the nuptials he was taken to St. Joseph's Hospital. for the service o; conviction. • BkIT1SH A D ;•;OREiON. "Shulthurst," . e co ;° y seat of Hen - Speer at Portclia •er, l 'n)7., was burned yesterday.The,:, ss is•�a�X50 000. , Kier Hardie 1 annoti need that one of the objects of n British Labor party is to abolish the ,landlord.'Esyatem. It is believes ' that at, least a dozen. lives have beeui'ilcst it Salida, Col., in a terrific snowslide fu.'m 3`fouarc'h Moun- tain. Toronto will sal: e Gi t -eminent to take a plebiscite P. to tM advisabiity of establishing ,i li'i rr»ed: telephone system, A Caaiiete repel a . ". dig '' Tol°io n e. eliinis, will re lite c hr: tlurtai rear•,s'in the Ian.. of the aCiari i msus '• The appointiatentMaei actuary of the Iowa Insurancea'pepsrtmeiit has been tendered Mr. r3,14.. McKellar, ',A. A. S., New York. Mr; McKellar is a Cana- dian by birth ,said education, United StatesaDistrieta Court Judge Charles Parlangee; of Neii'. Orleans, died suddenly of apoplexy de. Tuesday. He was one of theleaderg of the anti- lotteay movement';'in Louioiana, which re- sulted in the ove •throw of the lottery. BRITAIN VALUES Y`EFERENCE. .First Step in Mi. 10.4 o '. Intercolonial Free London, Feb. 11 inston Churchill, speaking at Leeds t+ .fight, said that at the forthcoming eoloniai Conference there is to be no restraint whatever as to the subjects which may arise. The Government, he said;. valued very highly the preference already afforded Britain by the colonies, because it is some re- turn for the great sums spent by her in the common defence. The Govern. ment also sympathised with intercolon- ial preference, because it made an eas- ier approach •to that intercolonial free trade which is the goal of both tariff re- formers and fro traders. Your, Gr iic1 ors Will6 Be Old Men Before This 9! Wears Out ', YMa:3.irr /D Galvanized Steel Shingles D roof in 2007., We will give y *250,000, th t such a roofti s and no painting fol• at least a'lvanazEd ,STEEL ES make roofs water -tight, wind -proof, weather-proof, rust -proof, ere -proof for century, --our plain guarantee keeps it so fo 25 years without a cent of cost to the man; who buys i Got the facts ;a oogr . before you roof Pa a thing. 1e. of Oshawa t i to f'vu , beM �rky .fi.. h � -• Made ill OBE QUALITY (?PLY,—of 23�e,t sesui-hardened STEEL double-gaiva4ze0 They lock• on all FOUR sides --the ONLY METAL shingle that need NO CLEATS. Easy to put on -1, ham - vier and a snips (timers' shears) are tools enough.., Cost LESS and last longer than any other roof. Tell els, the surface area of any roof onyour place and we drill tell you exactly what it will cost to roof it ;right;, Turceto Ottawa London Winnipeg aanceeeoe • Cctboree 8t. ees Sunaex 90 e® Dundas R6, T8 Loinberd tit. tab Poncipr;St. aQQ • 521-6 Craig St. W. 10**, Rvr yr `iy gi'""M 1• r c rd'`� r.. p,(��,�, , p• "r?av • i •:. SU iyiv "t"l it �, i'+:� 'S'ME>`, p�.ya' 3tn �: FUEL FOR POINTS ON THE PRINCE � CAPTAIN ALB(sir j�ERT BRANCH, Resolution of the Davidson, Sack,, Board of Trade—Bridge Timbers and Rail- way Ties Burned as That Point, Regina, Feb. 11,—A special relief train with ,fuel left here at o'elock. for Davidson and points on the Prince Albert line, which was -opened to' day. Davidson, Sask., Feb. ere ---At a meet- ing of the Board of Trade last night the necessity of taking immediate steps for the relief of the fuel falcine was considered and a resolution passed ask- ing for the immediate cooperation of the Regina Board of Trade in an appeal to the Dominion Government and the Rail- way Commission, -urging that some- thing be done at once to relieve the fuel famine, and also asking that the G. N. 11. Company be compelled to make every effort to keep the Prince Albert line open and operate trains. The fuel famine has assumed a most serious aspect and the railway is still tied up. i'he supplies of. bridge ting ber and ties seized by the town authori- ties have been exhausted, and the lumber ustores sed. in the local yards will be next CATTLE ARE DRIFTING. Sixty Thousand Gathered Along Belly River. Lethbridge. Alta., Feb. 1].—Cattlemen say that all the stock ranging for a hundred miles north to the number of 60,000 or 74,000 head, have drifted into the Belly River, between Lethbridge and Taber. Conditions are worse north of the Big Bow River, and some losses are reported from those districts. Quite a few cattle have been killed by drift- ing over cut hanks in the blinding snow storms. A few miles north of this town can be seen a pile of about seventy-five deobeasts d beneath e alb rue bank, sok, over which they drifted one dark stormy night. One night Last week a bunch of cattle camped for the night near the elevator, but before the night was over the drifted off again, striking the river near Whoopup. Ten !lead of them went over ., hundred -foot bank. 4•♦ GERMANY'S POWER. ALL AIMED AGAINST BRITAIN, SAYS SIR EDWARD RUSSELL. Editor of Liverpool Post Says Kaiser Means to Fight Within Five Years -- A Note of Warning—Britain's Navy Unproven; Her Army a. Toy. London, Feb., U. -Commenting on the result of the ` G'erinan elections, Sir Ed- ward Russell, proprietor and editor of The Liverpool Post, writes as follows: "The issue is to strengthen the .hands of the Kaiser, and it is absolute folly to hide our eyes to the fact that all the war equipment of Germany is aimed against Great Britain. The fact is Ger- many must have space to colonize . in. -Suitable space for that purpose can only be acquired after defeating England. Di- rectly Great Britain is reduced to the rank of a third-rate power Germany is world supreme. "There is no desire to annex these islands, but to cripple Great Britain financially. The vast French indemnity after Sedan would be nothing to what Great Britain would have to pay were she obliged to sue for peace, and besides money Germany would then occupy Asia Minor and Egypt, thus holding the key to India. "To be forewarned is not to be fore- armed, for these prognostications have already been preached to deaf ears. "The British army is a toy and the lessons of the South African war have not .been taken to heart. The navy is unproven, for no great battle between European States has been fought since Trafalgar. "Wherefore, ponder, for Germany means to fight Great Britain on some pretext within five years, possibly earlier." GAS JET WAS OPEN. John Wilson Had Narrow Escape From Asphyxiation in Toronto, A. Toronto despatch: John Wilson, 20 years old, recently from Port Hope, and residing at 137 Bathurst street, is lying in the Western Hospital in a serious con- dition, suffering from the effects of in- haled gas. Wilson, who is employed by the Dominion Paper Box Company, King street west, went into a friend's room last night and while there the gas was turned off at tbe meter. He had left the gas in his own room burning; and when he returned to his rooms undressed in the dark, paying no attention to the gas jet, which was still open. About 4 o'clock this morning the gas was turned on again at the meter, and two hours hater Wilson was found in an uneonscious condition by one of tbe boarders. es.m GAS AT NINETY CENTS. Montreal Council Grants Contract for Twelnty Years From sgzo, Montreal, Feb. 11. --The vexed gas question which ]las been troubling' the City Council for the past few months was settled to -duty. The Council decided that after 1910 they would. 'give the Montreal tight, Heat & .Power Company a twenty-year contract, with gas to be supplied at 90 cents per thousand feet. Ald. Payette Was father of the, bill and piloted it through the City •Council. Drunken Patrol Wagon Driver Mur- ders Man at Desk. Lewis, the Driver, Was Jealous of Other's Promotion. Did Not Want to be Ordered Around by a Dutch Captain. Jackson, Mich., Feb. I1, -Captain of Po. " .:;; lice John Bolzapfel was mur- dered at 0 o'clock this morning; by Isaac Lewis, patrol wagon driver, while seated at his desk at the police station. Lewis entered' the station consid- erably under the influence of drink. <:• He took off his coat and rubbers, and then pulling a long barreled revolver from his pocket and stepping up in front of the captain's desk fired three shots in rapid succession into the captain's breast. The latter threw up his arms, arose to his feet and staggering fell to the floor, gasped .but a few ecenods and; was dead. Lewis was undoubtedly crazy when he committed the awfu crime. His son, Harry Lewis, was in an adjoin- ing room at the station talking with Chief of Police Boyle about his father's condition when the latter en- tered the station. The son said his father's condition was such last night that he had to hold him on the bed and that his father told hien he knew his head was wrong. Both Tiolzapel and Lewis have been connected with the police depart- ment for about 14 years and it seems Lewis was jealous of Holzapfel's ad.• vancement to the captainship, which occurred about two years ago, Lewis being promoted only from patrolman to patrol driver. Holzapfe! was about 45 years of age and was• one of the most efficient officers in tbe department. He was a man with a host of friends, and his tragic death comes as a chock to the whole city. He leaves a widow and family. Those who were eye witnesses to the murder were Chief of Poise Boyle, Detectives Tobin and Rosen- erantz and two newepaptn• reporters, one being The Detroit Times represen- tative. Lewis ,w'a's grabbed by the officers and hurried into the cell block of the station, where he was locked up, Lewis when locked in a cell, said he was glad the captain was dead: "I have got even en with him now. 1 duir°t have to be ordered: around by a Dutch - captain, I'll tell you -that. Just the other night he called me down .bo - cause there was duet on his desk and told one I must keep it cleaner. I'm glad he is dead. He was no good on earth. I though I would use my new gun and it worked well. I would have shot a couple of others if I had; a chance and I'll do it yet, if they don't watch ale pretty close before I go down to the pen for the rest of my life." Chief Boyle was the first to grab Lewie after he had fired the three shots at the captain. As he whirled. Lewis around, the latter shot at Chief Boyle, just missing him by a narrow margin. The bullet went through the window. Detective Tobin wrenched the revolver out of bis hand and three officers had a. hard tussle with him to get him back into a cell. FREIGHT HIT WORK TRAIN. One Man Killed and Over a Score In- jured on the Intercolonial. Newcastle, N. B., Feb. 11.—A special Intercolonial freight train collided with a working train near Beaver Brook to- day, killing one mean and injuring over a score, some probably fatally. The. working train was backing when the special came around a. curve and crashed into the rear cars, telescoping two. In the van, which bore the brunt of the collision, were 29 men, all of whom were hurt, 'The killed mann was Docithe Thibedeau, who leaves a widow and two small children. 4 • ► CAR CONGESTION. Grand Trunk Creating Special Organize., tion to Deal With It. Montreal, Feb. 1.1.—The Grand Trunk Railway is, as far as may be, anticipat- ing possible requirements of the Railway Commission by giving special attention andcreating special organization for' dealing with car congestion at the larger terminals. Mr. Lawrence Nolan, a menu ber of the operating staff, has just been appointed superintendent of terminals at Detroit, with office at Malwankee June' tica. O.O SUING HOTEL MAN WIDOW WANTS DAMAGES FOR DEATH OF HER HUSBAND. Ottawa, Fel —A *rit liesbeen sent in claiming *1,000 by the widow of John Purvis, of Winchester village, against A. ci E. Macdonald, of the Borger llotuer; The claim is based upon the allegation that the hotel supplied Purvis with in- toxieating liquors and caused him while under its inflate -ice to come to his death. He was thrown from a rig and injured his spine.