Page:The Great Harry Thaw Case.djvu/77

 *stantly 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 prob