The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-03-01


would not positively state that the per-
son was insane, from it alone. excluding
every other means Of information, and
do not desire 20 state IL. ] am not able
to form an opinion from a small fragment
of paper"
District Attorney Persists.
Doctor" insisted the district attorney.
as in each and every one of these ten
exhibits. my question is directed to the
particular exhibit under investigation, ex-
GLIDING each and everything else. Do
you understand meT'
"I understand you" retorted the expert
for the defense. but It is impossible for
me 10 do some Of the things you have
asked me TO dO-tO separate them one
from another, when I have been given
the whole lot of exhibits and have gone
over them and have based a diagnosis
upon the lot. ! don't think any man
could attempt to do IT,"
DR.. Evans referred to a passage In
which Thaw wrote: Being honest and
decent has finished me. Instead OF pos
sibly useless but certainly beneficent as
well as interested planning for years or
centuries ahead, l am finished" He
thought he saw here a contradictory
4
person as being both useless and beneh-
cent.
Il can" said Jerome, and / can point
to a living example.
The subject was not pursued farther.
Evans Makes Slight slip.
A few moments later. in describing the
physical appearance OF, one Of the letters.
Dr. Evans said that some underscoring
appeared to be a "genteel scratch" That
turned out to be an unfortunate express
sion.
Jerome plnched upon it. He put a good
deal of time after that IN turning this ex-
preston inside and outside and IN ringing
the changes upon H. He hunted up all
kinds OF understandings in the Thaw let
ters under examination, and wanted to
know If they appeared to the witness 70
be genteeI scratches
The examination brought out the fact.
hitherto unknown. that in one of Thaw's
letters. written from Pittsburg. 10 Miss
Nesbit he expresses the belief that IN
time he might get TO be United States
Senator from Pennsylvania.
rs there "a single thing in the letter"
was the district attorneys demand,
which TO your mind would tend at all TO
indicate unsound mind or an insane mind
al the time Of the writing?"
Not one single thing, replied Dr.
Evans
We'll the letter as a whole?"
The letter as q whole has not enough
in II for me 10 arrive at any conclusion
which would be worth anything 10 me or
anybody else" was the declaration of the
expert,
Recess to Read Letter.
The next Thaw letter DR.. Evans had not
had time to read. and as it was a long
one. the court ordered a recess Of ten
minutes while the courtroom was aired.
Everybody took advantage Of the oppor-
Unity to stretch his legs, except young
Dr. Evans who remained in the witness
chair reading the letter.
When court recOnveued. the witness
said the letter indicated mental insta-
bEity and ne defended this as being An
unbalanced mind. such as would give
way under considerable stress OF strain.
not Of strOng balance. not operating Wig
or0usly.'
Does il seem terrihcally incoherent."
asked jerome. that young man OF
large means should be Senator from the
State from which Senator Quay had
Gomez
Dr.. Evans did not know that II did
Il haven't said that he was insane
when he wrote this letter. I said It was
a letter written irregularly, a disorderly
letter. and such as "a mind In a state Of
instability might write"
The cruel district attorney wanted to
he told If there were any genteel scratches
in this letter Dr. Evans could not see
81
the question.
Expert UtterS Defiance.
Il would not form an opinion on one
scratch" he declared. irritably, under a
letter or under a number OF letters
That would be formed on the whole let
ter. Nor would diagnose the mental
condition OF anybody from a scratch IN
der one letter, or under a number Of
letters; and even you cannot force me into
such a position
Then Jerome tried TO ask DR.. Evans
what he had testified to in New Jersey
murder case. Delmas objected, and the
court said sharply:
I'VE are trying this case on the evil
dence in this case.
DO I understand the position your
honor takes7" asked the district attor-
ney.
you understand nothing except what
rule" said his honor, CURLY. Il sustain
the objection"
Refers to Hypothetical Question.
Jerome asked the witness on what
points in the hypothetical question ne had
based his opinion that Thaw was insane
on the night of June p. 1906. and DR.
Evans tried 10 remember the points He
remembered some that were not in the
hypothetical question and have not ap-
peared in the evidence thus far brought
out in court.
Some Of these related to the mental ana
physical condition Of the defendants
mother before he was born, and when this
was pointed out the witness said that he
supposed he had got this Information
from Thdw's counsel.
Then Jerome asked If the witness had
made any report In writing to the counsel
for Thaw. He said he had done so.
''Will you bring that report tomorrow
for me?' asked Jerome.
Il will not" retOrted the witness 7
have never been required TO do that sort
Of thing. II is a private matter between
me and the counsel for the defense"
jerome asked the court to order the
witness to produce that report Justice
Fitzgerald said he had no authority to
issue such an order, whereupon Jerome
told GarVaG to make out a subpenae
duces tecum and have it served on the
witness. At o'clock court adjourned
after a singularly Improbable day
IHAW MAKES STATEMENT.
Declares WIfe's NATURAL Goodness
Above JerOme's Comprehension,