The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-03-20
Witness Causes Laughter

a revolver"
Witness Causes Laughter.
'But suppose 1t was true that some,
one was attempting TO kill him, il would
not be delusion then, would IT. -.
Docs this question prove replied the
witness. hotly, that someone, was look,
ing for II x. T. with a Hypothetical
Il mean-a pistol?'
Justice Fitzgerald Joined in the gem
Mr Jerome and the witness spent
many minutes discussing whether 1t was
coherent on the part OF one person TO
Il don't think such q conversation is
what one would expect between sSntle-
men e.,
~ said nothing about gentlemen,
said Jerome. We are not trying this de-
fendant for not being gentleman.
The Insane period prior TO the Tragedy
DR.. JeliTe said, was about two and
half years. lie thought that Thnw was
insane when he wrote the letters "hicn
are In evidence. when he made the viii
and codIcl, and when he married Eve
lyn Nesbt.
Doctor" said Jerome. did You ever
see az insane man at work In ship?
81 have seen many insane men making
rugs. | remember one man who as he
passed the tool back and forth among
i1 the , cords ;,l KEEP! PIT rsReaSing SI 5 " Kill h'm
ibid he know what ne was doing?
81 think SO. but II is nly opinion that
he also thought he was killing someone
MIR. Jerome concluded his examination
OF DR., Jeliffe,
The witness was not permitted to say
why he had not examined the defendant
when questioned by Mr., Delmas.
Just as the luncheon recess was or
deed AIR. Delmas announced that his
redirect examination of the witness was
concluded.
This afternoon Mr.. Dellnas called DR..
G.. w. Pilgrim. president OF the State
Lunacy commission.
DR., Pilgrim said he had studied care
fully Mr.. Jeromes hypothetical question
and he did not believe that Thaw knew
the act was wrong when he killed
White
Mr., Jerome In cross-examinins the
witness asked,
Have you examined the Defendant!
What form OF insanity, in your .opin-
ion. was this man suffering from?
Technical Cross-Examination.
Delmas objected upon the ground that
the form OF insanity Is not necessary 10
be shown under the laws OF this State.
Justice Fitzgerald overruled the OBJ
lection.
In reply DIR Pilgrim said:
''There are in the question eNidences
OF one sort OF insanity in some parts, and
in other evidences of other sorts There
is not enough in the hypothetical ques-
tion for any one to make scientific dlt-
fercntial diagnosis"
den. the witness said, he had an insane
knowledge OF what he was doing and he
probably realized when he pulled the
trigger OF his revolver that II would In
ftct the damage it did. but his mind was
so overpowered that he was unable 10
appreciate the nature or quality OF his
act.
Mr Jerome called Or. Pilgrims atten-
ton TO the legal phraseology In the will
and In the provision for the prosecution
OF any one who might cause his death
md al 10 u rin l.
dence. including the one 10 Mr., Com
stock. and asked if these did not show
that Thaw had knowledge Of the law
as it exists
DR.. Pilgrim said that Thaw probably
realized there were laws. but probably
in his opinion that knowledge was not
that of sane man.
DR.. Minas Gregory of Bellevue hospital
was called
Dr. Gregory said that Thaw did not
realize the nature or quality of his act
or that the act was wrong when he COM
nitted the homicide.
When Jerome took up the cross exam
action Immediately preceding and follow
ing the shooting as well as OF the shoot
mS Lse MI b;n JeTome h picked up p,o the nd re
used IL 10 illustrate his recital
Jerome Displays Revolver.
shooting. he swung around toward the
witness and snapped the pistol three
times, then raised It over his head broke
It and held ii butt upward,
The questions Mr.. Jerome asked DIR.
Gregory were along the line Of the differ
ence between sane and insane persons.
81 think he had insane knowledge was
Dr. Gregory's reply TO each OF the ques
tons
When Dr. Gregory was cxcuesd, Mr..
Delmas recalled DR.. Wagner. Dr. Wag
thar Thaw insane when he shot
White.
Answering The hypothetical question.
he said in his opinion Thaws reason was
such that he did not know the nature or
quality Of his act, or that the act was
wrong.
ner briefly. The latter declared that
the knowledge displayed by Thnw at The
time of the tragedy was the knowledge
Of an insane man
DR.. Evans Recalled
DR.. Wagner was -,Xcusod and Dr. BRIT
ton Evans was recalled TO answer the
hypothetical question as framed BY Dis
trlct Attorney jerome.
Using this question os a basis, DR..
Evans declared that Thaw, when he
or quality OF his scl.
did you determine what sort of in
sanity Thaw was suffering from?"
'It was the kind OF insanity which.
through defective reason, rendered him
incapable of knowing that his act was
wrong.
''All who study the literature of this
subject select their own ciassincstions.
What name do You give it?"
II haven't given II any name
when II. X. T. wrote tn. letters"
DR.. Evans was asked. "dld ne know what
he was doing?"
Yes"
After examining the plan OF the gar
den. DR.. Evans said he thought T'haw
knew he was walking. but there was
nothing in the question TO show that he
knew he WAS approaching White.
when he raised the revolver above
his head. and unloaded II, did he know
wat he was doing?" continued jerome.
II don't believe he realized what he
was doing except in an insane WY" re-
piled Dr. Evans,
Every move Thaw made that night
was taken up by Jerome and I'm each
case DR.. Evans was asked if Thaw
what he was DOING" continued Jerome
HE had an insane realization" re-
piled the witness.
DR. Evans was excused at $50 r. m
IL was expected that DR.. Evans would
be the last witness OF the trial Mr.
Delrnas asked for the production OF the
letters sent from Pittsburg TO the Clerk
I>.r l,