The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-02-12
JUDGE REFUSES
TO STOP.
Continued from Page one.)

AN ordinary normal man speaks
more or less deliberately on all matters
of grave Importance, he talks slowly
and his ideas come logically and con-
neetedly. In a man OF unsound mind
the ideas come rapidly, tumbli1g over
each other. jumping from one subject
to another that at once leads a trained
observer to suspect unsoundness of
mind. To me it means that the mind
has either recently come through or is
just going into severe mental storm
in other words, it is either the twilight
or dawn of a state of mental unsound-
ness. or explosion.
by decisions I mean false ideas out
of which man can not be argued by
logical and ordinary arguments. Mr..
Thaw exhibited what 1 believe were
false ideas which my arguments could
not Shake.
When was your next visit to the
Tombs?"
Il believe it was September 21."
District Attorney Jerome objected to
the question on the ground that the date
was not fixed
II have fixed it as nearly as 1 cam"
was the doctors reply
"Dr. Wagner said the 18th day" be-
II have nothing to do with Dr. wag-
ner's testimony" interrupted DR..
Evans.
Il am not addressing my remarks to
you. SIR, Strapped Mr.. Jerome.
Later in the session DIR. Evans ex-
planned he meant August 10.
"On this visit" said DR.. Evans, Il
observed that Thaw was still nervous.
agitated and had the peculiar express
sion of the eye familiar with mental
diseases.
He Was Suspicious.
Il also observed his suspicion of me
and all around him. He still exhibited
the exaggerated ego and seemed dis
posed to tell me what to do as exam
liner, rather than follow directions.
He still exhibited decisions of perse-
cution, condition of revolt against
these fancfed prosecutions because
they were unfair. Unlike melancholy,
in this variety of mental disease, there
is a condition of exaltation."
DR.. Evans next described his third
visit to Thaw-September 10.
Mr.. Thaw exhibited delusions of sus-
picion, lack of confidence in his advis
ers and an explosiveness of mental
makeup characteristic of person of
unsound mind"
How long did the third visit last?"
only Is minutes
What else did you observer"
There were no Authorizations. Mr..
Thaw dismissed the physician and had
an argument with his counsel which 1
shall not narrate."s
Dr.. Evans Explains.
DR.. Evans asked permission to ex-
plain the difference between halluci-
Mr. Delmas' suggestion, stated the
contrast between the two terming the
latter as "misinterpreted realities
Mr.. Delmas here interrupted the ex-
animation to read from number of
authorities in support of the conten
ton advanced by him yesterday that
the statements of Thaw to the physi-
clans tending to shed light on his state
of mind were admissible.
Justice Fitzgerald said as no ques-
ton was pending he could not rule.
Mr.. Delnas asked DIR. Evans to
state his conversation with the defend
ant on September 19. Mr.. Jerome OBJ
jected to this on the ground that the
alleged statements were made subse-
quent to the homicide.
Mr.. Delmas continued to read from
court decisions as a foundation, he
said, for introducing statements made
by Thaw at the time of the homicide
and prior thereto. He wanted to
show that the statements of the de-
PENDANT might be taken into consider
alton by an expert in determining the
mental condition of his subject at the
time of an examination. He said that
yesterday a witness had not been al
lowed to give such an opinion. Mr..
Jerome said he did not object to any
serted that Mr.. Jerome ''has reasoned
in circle on this subject
Justice Fitzgerald said it was a case
of reasoning in a circle as explained
by Mr.. Delmas, but he did not under
stand the facts that way
Mr.. Jerome again declared he would
not object to an opinion as to whether
defendant was sane or insane subse-
Quent to the shooting. but he wished
the questions to be distinctly confined
to given period.
THE statements made by man in
prison in his own deferse" said Mr.
Jerome. ARE not admissible under anv
circumstances. But if they claim that
the man was insane at the time of the
examination as wei! as when the act
was committed then l am perfectly will
ing that these conversations shall 90
in"
Justice Fitzgerald sustained Mr..