The Montgomery advertiser., 1907-02-13

| 1, more or less deliberately on ali mat ters of grave importance; he talks | slowly and his ideas come logically 1 and connectedly. In a man Of unsound mind the ideas come rapidly tumbling
 over each other. jumping from one
 subject to another, in way that at | once leads a trained observer to sus- | pect unsoundnsss of mind. To me. 1t | means chat the mind has either re- | gently come through or is just going 1 into severe storm; in other words, 1t
 Is either the twilight or dawn of | state of mental unsoundness, or explo. ! sion.
 | By de1usions, I mean false ideas. l out of which a man cannot be argued l by logical and ordinary arguments. M.
 Thaw exhibited what l believe were
 false ideas, which my arguments could
 not shake.'
 | When was your next visit to the Tombs?
 q believe it was September 21st." | District Attorney Jerome objected to | this question on the ground that the | date was not fixed. T have fixed as nearly as I can,"
 was the doctors reply. | "Dr Wagner said the 18th day." be- l gan MT. Jerome.
 l T have nothing to do with pr. | wagner's testimony" interrupted pr | Evans.
 T am not addressing my remarks to
 you" sir. snapped Mir. Jerome.
 Later in the session, pr. Evans ex- plained he meant August 19. Thaw Still Nervous. 1 "On this visit" said pr. Evans, T observed that Thaw was still nervous,
 agitated and had the peculiar express sion of the eye familiar with mental l diseases. I also observed his sus- piclon of me and all around him. He ! still exhibited the exaggerated ego and seemed disposed to tell me what to | do as examiner rather than follow ! directions.
 He still exhibited delusions of per- secution, a condition of revolt against
 these fancied prosecutions Because they were unfair. Unlike melancholy, In this variety of mental disease there l is a condition of exaltation." pr. Evans next described his third visit to Thaw-September Is. MT. Thaw exhibited delusions of sus- picion, lack of confidence in his advis- CTS and an explosiveness of mental make up, characteristic of person of unsound mind" How long did the third visit last?" '-Only fifteen minutes" What else did you observer There were no Authorizations. Mir. Thaw dismissed the physicians and had an argument with counsel which ] I shall not narrate." Dr. Evans asked permission to ex- plain the difference between halluci- | nations and delusions and then at Mir. Delmas' suggestion stated the contrast as between the two, terming the lat- tor as "misinterpreted realities" Mir. Delmas here interrupted the ex- animation to read from a number of | authorities in support of the conten- tK n1,v t Eas, hnf
 the statements of Thaw to physicians
 tending to shed light on his state of mind were admissible. Justice Fitzgerald said as no ques- tion was pending he could not rule.
 Mir Delmas continued to read from
 court decisions as foundation, he said,
 for introducing statements made by
 Thaw at the time of the homicide and
 prior thereto.
 wrnngling By Lawyers.
 MT Delmas wanted to show that the
 statements of the defendant might be taken into consideration by an expert in determining the mental condition of | his subject at the time of an exami- l nation. He said that yesterday a wit l ness had not been allowed to give such an opinion.
 MT. Jerome said he did not object to
 any such opinion. Mir Delmas then asserted that MT. Je-
 rome has reasoned in a circle on this
 subject"
 Justice Fitzgerald said 1t was a case of reasoning in circle as explained by MT DeImas, but he did not under stand the facts that way.
 MT. Jerome again declared that he
 would object to an opinion as to
 whether or not Thaw was insane or | sane subsequent to the shooting, but he wished the questions to be distinct ly confined O a given period. The statements made by a man in prison in his own defense" said MT. Jerome. "are not admissible under any | cirInustances. But If they claim that | the man was insane at the time of ! the examination as well as when the act was committed, then I am per 1 fectly willing that these conversations shall go in"
 Justice Fitzgerald sustained Mir Je-
 rome's objection and MT. Delmas pro- | ceeded to question Dr. Evans. | MT. Jerome objecteu and wrangled
 over the question until 1t was put as | follows:
 were the oral statements made by | Mir. Thaw material in the formation
 of your opinion as to his mental con- | ditionT'
 l "Yes"
 Now. what was it MT. Thaw said?' District Attorney Jerome objected on | the ground that the answer involved l unsworn statements of defendant | not shown to have been of unsound mind.
 | T repeated said MT. Jerome, that | have no objection to this expert ! stating whether or not Harry K. Thaw
 was insane at the time of these ex-