The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-02
BRAIN STORMS"
EXHAUST COURT
IN THAW TRIAL
CONTINUED FROM PAGE -

FROM PAGE L.
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time he wrote these letters?" was Mr.
Jerome's first question
Mr. Delmas promptly objected, on the
ground that the question assumed that
the witness had knowledge that was not
| in evidence.
Mr.. jerome Withdrew the question and
asked the witness if he had any knowl-
| edge of acts that have not been testi-
| fled to.
| An argument was the result, Mr.. Je-
rome claiming that the only point in
the case was whether or not the defen-
dant was insane when the homicide was
committed. He was anxious he said, to
bring out all the facts
| DR., Evans was allowed to answer and
( said that SO far as he could recall he
! had told all of Importance that he could
| remember of what he had heard and seen
| on the first three visits to Thaw in the
| Tombs.
Taking everything that you have test-
| fed to into consideration, what, in your
| opinion, was the mental condition of the
| defendant when he wrote those letters?'
asked Mr.. Jerome
Mental Instability.
"He was in a state of mental insta-
bility."
"Do you mean he was insane?"
| Not necessarily. He was in state of
| mental unsteadiness'
| Mr. Jerome handed the witness a copy
! of the letter Thaw wrote to Anthony
! Comstock, complaining that "dens of
vice were maintained by Stanford White
| and ''other rich sooundrels" for the ruin
! of young girls.
After Dr. Evans had examined the
| papers some twenty minutes, Mr.. Je-
rome asked him If anything in the letter
suggested the mental state of the writer
1T shows" said the expert, that his
mind seemed to be running on young
women and their supposed wrongs
Anything else?'
at Indicates delusive state In the
writer's mind.
Were the decisions of an exalted or
| depressed nature?'
II don't think there is enough in the
letter for anybody to say as to that
DR.. Evans attention was called to
Thaw's will and codici and he stated
that the ideas and decisions indicated in
those documents were different from the
ones indicated in the letters.
Concentrated Decisions.
"Are not the ideas or decisions shown
| in the will and codicil more connected
than in the letters?" asked Mr.. Jerome.
Eyes, that is my opinion" was the
answer.
The Will and codcl were written some
years after the letters and DR.. Evans
answer would indicate that in his opinion
Thaw's mental disease changed in form
and became more serious.
| Mr.. Jerome then took up the letters,
| nine in number, and began asking the
witness if, in his opinion, considering all
other things in the case, the writer was
insane when the letters were written.
Yesterday DIR. Evans was obliged 10
state his opinion on each letter, excluding
everything else.
| This letter shows an unsteady state
of mind" said the witness regarding the
first letter. He would be no more def
mite.
What would you have treated him
for?"
II don't know. l don't think l ever
| treated a patient by letter"
WAS the unsteadiness normal or alb
normal?'
"Wen. 1t was abnormal in that it was
not perfectly normal
was the defendant insane?"
| "The unsteadness had perhaps not
reached the state of unbalance or in
sanity"
Refuses to Classify.
| Dr. Evans refused to even attempt to
| classify the unsteadiness, saying that
it often took months to classify case
when under close observation and it was
impossible to try to do it on the strength
| of letter.
"Then you cannot say what was the
| form of the mental instability sug-
gested Mr. Jerome.
1T was no particular FORM
| Mr.. Jerome next had the witness take
| lfb each one of the nine letters in turn,
asking an opinion as to the state of
mind of the writer at the time of the
writing, taking into consideration every
thing connected with the case, including
Mr. Delmas' long hypothetical question,
"As to exhibit A. said DR.. Evans, II
would say the writer was bordering on
insane instibility-that he was over the
border
In what drection" insisted the prose-
| cutor.
There's only one way over" said Dr.
| Evans, "over into insanity"
"You mean he was moving toward in
sanity?"
lie was further over when some of
the letters were written
As to exhibits c. b and ID. DR.. Evans
declared they showed a delusive state of
mind-that the writer was not perfectly
| Fundamentally unsteady.
Exhibit + he said threw no light on
the mental condition of the writer
Unsoundness.
This letter shows a state of mental
unsoundness in the writer at the time
| IL was written" said Dr. Evans, in ref
| erence to exhibit G..
AT last we have got letter which
| shows the defendant was insane?' asked
| Mr.. Jerome.
In q degree. yes
What sort of insanity was it?"
| II can't diagnose 1t from letters-no
| man could
"You can't tell what form of insanity
| 1t was?"
"There are indications that it might
| show one of several kinds"
Explain what kinds"
ssWell there nish hi he n teuporary state