The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-02-13

the operatlon?" suavely suggested Mr..
Delmas.
Yes said Mr. Jerome sharply.
Did you get It without violating
confidence?"
Yes" ~
Did you get it from Mrs. Thaw?"
'From her husband?'
No"
"Then where did you get it,"
prom her MOTHER
"Oh. did her mother perform the opera
tion?'
NO, but she was there and knew the
character of It."
The matter was finally adjusted at the
suggestion of the court by Mr. Demas
striking, out the Hypothetical question of
the description of operation "as serious If
not capital"
Mr. Jerome further objected to the
question on the ground that it stated
Mrs. Thaw had told her husband that
Stanford White had spoken to her after
her marriage The district attorney said
the evidence was that the girl passed
White and heard him say Evelyn"
Mr.. Delmas accepted an amendment to
the question.
Here Mr.. Jerome consulted his notes.
II can't carry such a question as this
in my head" explained the district at
torney.
Personal Remarks.
Probably not commented Mr.. Delmas,
in tone of tolerance.
Certainly not" rejoined Mr.. Jerome.
"That would be an Illusion"
There was considerable laughter.
Mr.. Jerome further objected to the
question on the ground that it said White
was not visible to the young husband at
the Cafe Martin. Mr.. Jerome said there
was no such evidence.
Lets strike that out. too said Mr..
Delmas
Mr.. Jerome had still another objection.
The question declared that at Madison
Square Garden Thaw's eyes suddenly lit
upon White.
Il don't want to appear captious" said
Mr. Jerome, hut [ want this question
straight today
Mr. Delmas made the question read:
''Thaw saw White.
'I must still object" said Mr.. Jerome,
ito the statement that Thaw pulled n
is no evidence where the pistol came
from"
Make 1t read pulled a pistol, " as
serted Mr.. Delmas.
Mr.. Jerome objected lastly to the state
ment that Thaw had up both arms after
shooting White claiming the evidence was
that only one arm was up.
Mr.. Delmas ordered the court stenog-
rapher to make all the corrections, and
then asked DR.. Evans If he understood
the question as amended
YES"
Here again Mr.. Jerome Interrupted to
insist that when the direct question was
put, it should be in the language of the
New York statutes as to whether the man
committing the act was capable of know
ing whether it was right or wrong.
Il will be glad to accede to the demand
of the district attorney for the definition
In the statutes of this statue The law
is so clear it cannot be improved upon,
certainly not for the purposes of this de-
fense," said Mr.. Delmas, who then turned
to the witness and asked:
Doctor, after hearing this question. and
reading these letters. bearing in mind all
you have heard of this case that has been
introduced in evidence. and excluding
everything else. is 1t your opinion that
the defendant on the night of June %
did, or did not know his act was wrong?"
Did Not Know Act Was Wrong.
II do not believe that he knew the act
was wrong" answered DR.. Evans slow
| ly and distinctly.
Mr. Jerome objected to the form of the
answer and to conform with the law
DIR. Evans repeated:
ut is my opinion he did not know
the act was wrong
I'm your opinion did he then know the
nature or qualities of the act?'
In my opinion he did not
I'm your opinion was his inability 10
know the quality of the act or that it
was wrong, due to the fact that he was
| laboring under a mental dsease?'
I'm my opinion it was
This ended DIR. Evans examination for
the day Before adjournment Justice
| Fitzgerald suggested to the attorneys the
| saving of time in every possible way.
thine may be saved" he said.
! IF these letters are to be examined
| by any other expert. let them be given
to him that they may be read out OF
court I would also suggest that if this
Hypothetical question is to be asked
| again that a revised copy of it may be
| made In accordance with the agreement
reached today that time may be saved
in argument"
Court adjourned at 5:07 p m. until to-
morrow.