The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-02-12
MONDAY AFTERNOON SESSION.
Thaw's Attorney Experiences Difficult
ty in Getting Evidence Before Jury.


ty in Getting Evidence Before Jury.
New York, Feb. 12.-when the
afternoon session of the Thaw trial
began Mr.. Delrnas proceeded at once
with the Introduction Of medical testf-
mnoy as to ThaW's condition of mind
calling first to -the stand Dr. Charles
Wagner, superintendent of the state
hospital for the insane at Bingham
ton. N. Y. Eas sey-1 z
DR.. Wagner. after outlining his ex-
perience as-an Saffenist, said he had
visited the defendahtain the Tombs six
times the Fast time october 8. Said
the doctor: %
"On the first visit I talked with him,
but did not make a thorough examina-
ton. 1 observed that he was. suspi-
ciouss retfcent and apprehensive. He
was fearful that he would be declared
insane. After a general conversation
made an arrangement for a future
visit, which led to a second examina-
ton. On September 49, 1 went to the
Tombs with DIR. Evans of the insane
hospital hospital at Morris Plains, N
J., for the purpose of making a thor
ough examination"
What did you observe on this sec
ond visit ?''
Mr.. Thaw was brought in and we
had just stated the object of our visit
when Mr.. Thaw turned on his heel and
abruptly left the room, notwithstand-
ing that 1t was understood plainly be-
forehand that we were there to ex-
Justice Fitzgerald. on motion of
District Attorney Jerome. ordered
that all of the answer after the words
room" etc. be stricken out.
Mr.. Jerome admonished the witness
that mo conversations" were wanted
and the court directed him to relate
only what he observed.
without stating any conversation,
doctor, tell US what you observed ?"
asked Mr.. DelmaE.
He abruptly left the ROOM
Did you observe anything else %
YES, 1 observed more but it was
all in his conversation ?"
Mr.. Delmas- and Nj. Jerome then
had a long argument on the law COW
ering the matter of expert testimony
Mr. Delmas argued shat the
declaration by Thaw tended to show
his state of mind al the time the ac-
ton complained of was committed. but
all he desired from the witness now on
the stand was an opinion as to the de-
PENDANTS condition at the time of his
examination in September. He would
ultimately show his condition on June
rs, 1906.
Several authorities were quoted
from.
District Attorney Jerome argued
that the mental condition of Thaw at
the time of the examination was nos
material.
The only thing that was competent.
he said, was testimony to show Thaw's
shooting and at the time when his
wife told him the stories which the de-
Tense claims 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 the doctor to
go over the details of his second visit
and give the conversations.
Mr. Jerome objected and was sus-
tanned.
when did you make your next Wis
it to the prfsoner?" asked Mr.. Delmas.
ct think it was on September %,
1906"
state what examination you made"
THE examination consisted of GER
tain questions asked him and his an
swers to them p
You must not give conversations
said Justice Fitzgerald.
WAS there anything else?
wait a moment. DOCTOR" interrupt
ed Mr.. Delmas. t'Were those questions
necessary to ascertain the mentaf
condition of the defendant?-
Yes sir"
Then please state what those con-
ditions were"
District Attorney Jerome's objec-
ton was sustained.
Did these questions and answers
put to the defendant refer to his past
mental state or. his condition at the
time of the examination ?"
Both
Can you separate the questions and