The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-02-12

the mental condition of Thaw at the time
of the examination was not material.
| The ony thing that was competent he
said, was testimony to show that Thaw's
mental condition at the time of the shoot
ing and at the time when his wife told
him the stories which the defense claimed
unhinged his mind.
At the conclusion of the argument,
Justice Fitzgerald said he could make
no ruling because there was no ques-
ton pending.
Mr.. Delmas then asked Mr.. Wagner
to go over the details of his second visit
to Thaw and give the conversations. Mr..
Jerome objected to this and was sus-
tanned. The defense noted an excep-
ton
when did you make your next visit
TO the prisoner" asked Mr. Delmas
81 think it was on September %, 1906"
state what examination you made"
THE examination" replied the doctor.
consisted of certain questions l asked
MIN and his answers to them"
You must not give conversations, .
said Justice Fitzgerald.
WAS there anything else?"
Yes"
"Wait a moment, doctor" Interrupted
Mr.. Delmas. Were these questions nee
essary to ascertain the mental condi-
ton of the defendant.
Yes SIR
"Then please state what those questions
were"
District Attorney Jerome objected and
was sustained.
well doctor, what did you observe or
what did you do?
I'VE took Mr.. Thaw to where the light
| was strong. He watched us closely and
would not be placed in such a position
! where he could not have both Dr. Evans
and myself under his eye all the time
| We asked him certain questions as to
his life history, etc"
object to Expert Deductions.
What were your scientific deductions
| as to the mans mind?"
Mr.. Jerome objected.
You put to him certain questions and
received certain answers, was that all p
As ] remember it that was ALL"
when did you next examine Thaw?'
THE next examination was on Septem-
Der p and was in part a continuation of
the previous one. Dr. Evans and | then
| took up the physical examination"
What did it consist off"
THE color of hair, the general contour
of the head, the expression of the eye,
the condition of the heart, the reflexes
and the state of pulse. The matter was
carried on in much detail. At the end of
| an hour the patient exhausted ana
we deferred further examination
when was the next examination?"
'On October 3, We went over some OF
| the ground of the former physical exam
| nation and also went into history of the
| case and the family history. This exam
| ination also lasted over an hour"
THE final examination was made on
| October s. We reviewed the proceedings
| of previous examinations and went into
| the history of the case in more detail in
! GLIDING the events of June %. This ex-
| animation lasted for an hour and a half. .
Doctor" asked Mr. Delmas, from
your examinations during six visits, could
| you form opinion of the then mental
condition of Mr. Thaw?"
Yes"
Did it enable you to form an opinion
of his mental condition on June 25?''
| Yes"
"What was that opnion?"
At this point Mr.. Jerome interrupted to
| ask a few questions before an answer
| was given.
! Doctor, your opinion he said, lis
| based partly on hearsay and the family
history, Is it not? Your opinion as TO
| ThaWs sanity is In part based ON mat
ters not in evidence. is it not?'
| Yes"
.ero considerable extent, is it not?'
YES"
| "As matter of fact then, doctor YOU
could not state an opinion after exclud-
| ing the hearsay facts that were stated to
you as to this mans history, etc"
! NO sir