Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-03-04

man In an illogical manner. &AttHo
reason was dethroned, witness said,
defendant had an insane knowledge
that he was attacking White.
The New York law Is explicit on the
subject OF insanity as a defense IN
criminal cases, and 1t provides that
person committing a crime must be so
insane as not to know the nature or
quality OF the act, or to know that the
act is wrong"
Evans, in explaining the answer, de-
clared that IL Thaw had been walking
in delirium following a fever, he
would unconsciously have been direct
ed in the way he took, for his mind was
so saturated with the one idea of his
wifes ruin. Jerome questioned the
witness as to what light was thrown
by Thaw's declaration in the elevator,
II did it because he ruined my wife"
Evans replied that defendant evil
IDENTIFY knew something had been done,
and that something had to do with
running his wife. He realized that
something of Importance had trans-
pirad
Thaw Appears Uninterested.
Thaw was paying absolutely no at.
|tention to Evans all this while but
busted himself with reading the letters
he had received this morning. Evans
was unable to understand the exact
relative positions of Thaw and White
before and at the time of the shooting,
SO Jerome acted the scene out for him.
"We'll imagine that Delmas is the
victim" he said. Delmas lodged and
the judge and Jury laughed. Jerome
explained with many gestures, and de-
scribed Thaw's passage down the roof
garden, his turning to the left and
walking twenty-five feet to the table
where White sat with his head resting
on his hand.
Then said Jerome. "he turned de-
liberately and calmly shot White dead.
Does that fact show that he knew what
he was doing?"
NO" replied Evans. His calrnness
does not show that he knew, but might
indicate that perhaps he did"
would the fact that Thaw and his
bottles of champagne shortly before.
have any influence on the AFFAIR."
Not directly. II it had, each one Of
the four would have shot some one.
Doctor, does the fact that Thaw
told you in the Tombs that he had not
wanted to kill White, but had tried to
have him punished by law, show that
he realized what the law was and that
some acts are prohibited by law?'
"At that time, yes.
"You believe that Thaw had suffi-
cient intelligence to know that?"
II can't accept Intelligence in the
sense you use It," protested the wit
ness, "as applying in cases OF uf1-
sound mind A man may be both cul-
tured and intelligent, and still be in
sane"
Jerome's long cross examination WAS
concluded. HeEhad said on Frida3ssssas.,
that he would have a few questionsNto
ask Evans today as to his opinion OF
certain authorities on mental diseases,
but he did not touch upon that subject
at all.
Or. Wagner Called.
DR.. Wagner was then called for
cross examination.
"Doctor," said Jerome, will you
kindly describe in as few words as pos
sible the kind of mind this defendant
was suffering from the nlgnt ne snot
and killed White?"
at was one of the insanities which
developed during period OF adoles-
cence. would say it was not developed
sufficiently to permit of a definite
characterization. There are symptoms
leading to various forms of insanity, IN
cluding dementia."
Il ho doctor Ahn11f his
visits to Thaw In the Tombs. He said
as far as he remembered Evans hai
left no incident of those visits untold.
Then Jerome took up the subject OF
medical writer's. Wagner said ne did
not know of one work which he would
take as authority, absolutely Wlthout
qualifications.
what is your opinion of the writ
ings of Allan McEane Hamilton!
asked Jerome.
Witness declined to answer and Je-
|jrome appealed to the court Justice
fitzgerald ruled Wagner need not
answer. Jerome asked witness:
what kind of sanity it Is
this defendant has,"
In replying. Wagner created some
thing of a stir by using the present
tense. I'm my opinion" he said, this
man has symptoms allied to a depres-
sive form of insanity and Others allled
to dementia praecox."
Whether Wagner used the present
tense Intentionally or not did not de-
velop, for the point was not caught up
by any Of the attorneys. Jerome, how
ever, in low voice, repeated the doc
tors answer by beginning:
"Then you say, doctor, this man is
suffering from symptoms allied to two
forms of insanity?" etc.
Wagner listened intently and replied,
YES Wagner then repeated the
story Thaw told him in the Tombs, to
the effect that he had not wanted to
kill White, but that providence had
stepped in and that it was probably for
the best, for If White had been sent
to prison he would perhaps have sue
ceeded in getting out and would have
resumed his old course.
"You are using exactly the same
words Evans used,'' said Jerome How
is it you remember them SO we'll after
seven months? Did you make any
notes?" Wagner said he had not be-
cause Thaw had objected so strenu-
ously. Therefore they had no COM
plete record of the case. He spoke
from memory, having impressed the
words on his mind at the time. Recess
was then taken.
WOMAN EDUCATOR DEAD.