The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-02-06

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and quality of his act. know that it is
wrong and against the law and Yet be
swept away by an emotional impulse?
yes. by an impulse over which he
has no control
'.Nhat evidence of delusion was there
in the hypothetical question put 10 you
Inv counsel for defense?' asked Mr.. Jo-
rome.
The witness started to answer.
WAIT moment" commanded the dis
trict attorney. Let's go over TINS thlng
again. Give use the substance of the
hypotheti al question on which you based
so important an opinion in tins case.
In repeating the question the witness
inadvert antly admitted that he had taken
into consideration his knowledge of the
case outside of the question.
"Then you did not base your opinion
entirely on the question:
Not entirely. l based it on what
saw in Pittseurg and what know of the
case"
Stricken Out.
Il move tnat the entire question and
answer be stricken out" said Mr.. Je
rome. turning to sJustce Fitzgerald.
This witness transgressed the confines
of law by taking into account outside
considerations
Justice Fitzgerald said he thought it
best to strike the matter out and go
all over it again, so as to keep the rec
ord clear.
Attorney Gleason reformed the ny
on the law of insanity as laid down by
pothetical question this time basing 1t
the statutes of the state of New York.
DR.. Wiley again declared he was COM
petent to answer the question.
"What is your opinion, based on the
form of insanity as laid down by the
state law of this state?' asked Mr..
Gleason.
"rhe act was that of an insane man"
Mystifyng Questions.
Mr.. Jerome led the witness through a
long series of questions dealing with all
manner of subjects and asking him his
opinion as an expert on most of these.
The district attorneys purpose to break
lip as far as possible the Doctors in
nuence with the jury was apparent.
Are you a mythologist?" asked Mr..
Jerome.
No"
Have you studied the subject?"
Not extensively
LAS a matter of fact do you know
what mythology is?"
"Yes."
Us mythology an act or a direct act?"
DR.. Wiley would not venture a decl-
sion
you say a deusion is the result of
pathological condition.
yes"
Then the defendants decisions must
have come from a pathological cond!-
tion2"
yes. coupled with functional eondl-
ton.
rs it possible for a function to be
abnormal unless there is a disease?'
faI for tt,ct
"But a dlated artery has nothing to
do with the case of Harry Kendall
Thaw, has it,"
mo"
DIR. Wiley then defined delusion as an
erroneous conclusion arising from false
premises"
Mr.. Jerome wanted to know If DR..
Wiley believed in Christian science. The
doctor did not answer directly, but was
pinned closely to the question by Mr.. Je-
rome. He finally replied that he did not.
Christian Science.
Asked then If he did not think all
Christian Scientists had reached wrong
conclusions and suffering from delusion
were therefore insane. DIR. Wiley replied
that conclusions may be right, but their
premises may be wrong
The line of questioning soon led to
worldly clash between Attorney Jerome
and witness, in which Jerome interrupted
the witness replies with loudly ex-
claimed did ] ask you that? Did /!
Answer me"
NO" the witness confessed.
Upon what in the hypothetical ques-
ton did you base your conclusion as to
insanity"
by the fact that the man, sitting with
a party, suddenly arose and without pro-
vocation"
rs there anything in the question about
M s,,ta
NO" DIR. Wiley replied with show
of feeling.
1T was the manner of the man." the
witness went on, land the fact that he
raised his hand in a peculiar way
Jerome Angry.
"Stopn' shouted Mr.. Jerome angrily.
rs there anything in the question about
peculiar?'
The witness bestated, then admitted
there was not.
He again took up the line Of his deduc-
tons of the hypothetical question.
THE remark to his wife. L have proba-
bly, saved your life.' was another reason
for the conclusion"
did 1t not occur to you that after
firing three bullets into the body of his
victim the man held his revolver aloft 10
Indicate that his deed was done, that
three was to be no further killing and
that he wanted TO avert panic on that
roof garden where there were hundreds
of women and children"
THAT entered into the calculation
did you have no bearng"'
yes, ! read in the, papers and 1 de-
cded-"
stop. Did the question Of motive
make so light an impression in your
mind that when you came here to testify
as scientific man you want to import
into the case what you read in the news
papers?''
The witness was silent
Stops Him.
Did not this man raise his hand and
his revolver to indicate that there was
to be no further killing
POSSIBLY, but as ] was saying.
"Will you please refrain from volun-
teering Information for which / do not
ask?" corrected Mr. jerome. Answer
NV question an dnothlng else, I have
had to ask this many times and don't
want to have TO do 1t again.
"When did you get here?' asked Mr.
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