The Washington times., 1907-03-15
Delmas Again 0verruled.

Delmas Again 0verruled.
Delmas objected and Jerome reframed
The question.
Q.-Is there anything similar in the
mental state in the case Of Mrs. NJ.
and the person described in the first
huestion? CThe defense's hypothetical
question was read.
DeImas again objected lie said:
"Your honor may remember that DR..
wagner had the advantage OF having
made a personal examination and was
not limited to the hypothetical question,
His testimony is, therefore, not prop
erIy contrasted with that Of this wit
DeImas was overruled and DIT. Hirsch
answered:
ing in common They have no more SINH
Iarity than smallpox and broken les
This finished DR.. Hirsch's eNamina uon,
and he was excused 10 make way iOr
another Of the experts.
DR.. P1itchard on Stand.
The next expert was Dr. William Bru-
tus Pritchard. of this city, who among
many other duties is called upon to visit
IslackweUs Island Hospital for the pau
per insane and the Smith Intrmary on
Staten Island. where he assists as at
tending physician. He was graduated
from a college in North Carolina, lie Is
an instructor n mental disease at the
Polytechnic Hospital He belongs TO the
Society Of Medical Jurisprudence. Dr.
Pritchard admitted that he mad never
written book, but said that many OF
his lectures had been printed in news
papers and medical journals.
Q.-You were present when the first
hypothetical question Chat Of the de-
Eense) was asked yesterday?
Q.-And you read the other exhibits?
A-Ies.
Q-Assuu1iug all the facts stated
therein TO be true, was the person de
scribed in that Hypothetical question of
such defective reason as not to know
the nature cnd quality OF the act he was
doing or not 70 know the act was
wrong
Am my opinion he did know the
nature and quality Of the act at that
time and at the time he knew it was
wrong
At this point Mr.. Delmas said: The
witness does not answer whether the de
fendant was OF such understanding as
to know or not know the nature Of the
act or whether II was right or wrong.
He merely states that the defendant did
know. but not a syllable as 20 'defec-
tive understanding. -
Will Not Cross Examine.
II was snnounced Dy Dan OReiUy
that tho defense had decided TO ellmi-
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squadron OF alienists.
Jerome said:
Il will now ask the witness did the
person described in the hypothetical
question labor under such a defect of
reason as not 20 know"
DClmas objected and Jerome was al
lowed TO reframe the question.
Q.-Were you in court when something
additional was asked Of DR.. Hirsch2
Delmas objected, but the witness said
he had heard
Oh am now about to ask you Inc
Hypothetical question. / will ask YOU
scribed as having done the shooting
knew of the nature Of his act or knew
the act was wrOnS?
Ale was laboring under no such
defective reason as not to know.
Q.-Was he labOring under such a de-
fective reason as not to know
Delmas interrupted with:
That has already been answered.
jerome replied: Then I will ask: Did
that person know that the act"
Delmas interrupted. saying; That
pbject TO as not permissible under the
Opposing Counsel Clash.
Jerome said: Il protest against the
learned counsel Of the Pacific coast tell
ing me what questions am allowed TO
ask. am the sole judge of what ques-
tion I ought to ask; when l am done
with my examination he may put such
questions as he sees fit"
Mr.. Delmas replied as follows:
My learning is neither increased nor
1essened by the compliment OF the dis
trict attorney, and I regret that Il was
an accident of birth that placed me
upon a geographical spot on the opposite
side Of the earth from that which the
learned district attorney adorns."
The question was read again with Dr.
PritChard's answer.
at Suits me very we'll" said Delmas
Jerome then went on to his own hypO-
thetiCal question and asked the witness
IF he believed that at the time OF the
shooting that Thaw was suffering under
such defective reason as not TO know
his act was wrong.
DR.. Pritchard. after answering that
in his opinion no such defect existed
was then excused.
Other Alienists Called.
M Allan NNarnnr- Ferris NJ 1 nf rhn