The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-06


to Indicate insanity
DR.. Wagner explained, pallid face
the slow and measured tread, the star
ing eyes and deliberatfon of the de-
fendant at the time of the ira gedy
We're not indications of alcoholism.
Mr.. Jerome then took up each OF
the facts as given in the hypoth etical
question and asked the witness If each
one might not have been the act of a
sane man. DR.. Wagner said there was
no act that might not have been per-
formed by a sane man.
:. "a sane man can do anything he
likes" said the witness, provided he
has the chance. An insane man is
tempted to do things which he can not
help
''That is ALL
DIR. Wagner started to explain but
was stopped by Mr.. Jerome repeating:
THAT is all. DOCTOR
Mr.. Jerome sat down. but in a mo-
ment was on his feet again, saying he
had a few more questions to ask.
You testified for the prosecution in
the Preusser case, did you not?''
Yes
"And the defense was insanity -
Yes"
And in your opinion Preusser was
sane when he shot MyIes Mcdonald ?"
Yes
But he had been drinking heav-
Yes"
Was his face pallid when he killed
Mcdonald %
81 don't recall
You testified Preusser was sane?"
Yes"
And he was declared insane?"
Yes, and sent to Matteawan. but he
was afterwards released as sane. He
went to New Jersey, opened a broker
age office. and was entrusted with large
sums of money"
Mr. jerome interrupted:
Are you stating facts now or what
you read in the newspapers"
DR.. Wagner admitted he read OF
Preusser's release in the newspapers.
That is all' said Mr.. Jerome and the
cross examination ended
Mr.. Delmas asked but one question on
the redirect examinat ton
Doctor, after this long cross exam
ration. do you desire in any way to
change your statement that in your
opinion this defendant when he shot
Stanford White did not know that his
act was wrong?"
mot in any way answered DIR. Wag-
ner.
That is all.'' said Mr.. Delmas.
What do you mean by wrong?" ask
ed Mr.. Jerome on re-cross examination
ct mean that his mental condition was
such that he did not realize he was COM
a crime, or that he was liable
to punishment for what he was doing
One or two more questions relating to
DR.. Wagner's testimony in the Preusser
case ended the re-cross examination and
DR.. Wagner was excused. The luncheon
recess was ordered and Thaw's attor
neys announced that the defendants
mother would take the stand during the
afternoon.
T1naw Takes Many Notes.
While the defense has shown
oy the testimony of its own experts
ThaNV iI,Ean at least half
4 dozen different occasions, the last
beipg Ocrob B, 1906. they have not
yet attempted to slaNw that. he is sane
today. Neither DR.. Evans nor Dr. Wag-
ner, the two alienist who examined
Thaw In 1he Tonlbs, have examined
him lately, and both say they can not
express opinions on his present condi-
ion.
The defense has at least one expert.
DR.. Graeme, NJ. Hammond. who has
oeen constantly in the court room
since the trial began. 1T is supposed
hat he will be called to the witness
stand to show that Thaw has recovered |
rom his '.brain storms and other
kinds of insanity and that his mind is
low normal. What other evidence the !
lefense will offer on this line it is i'm
possible to state.
MAY Mckenzie, Evelyn Nesbit |
Thaw's chorus girl friend with whom |
;he found shelter the night Stanford |
White was killed, is frequently at the |
court house and it is generally under |
tood that she will take the witness |
tand some time this week, possibly |
oday. 1t is supposed that she will |
estify to a conversation with White |
which took place after Thaw's mar
iage in which White is supposed to
lave said that it would not last long,
md that Evelyn would soon return to
lin. This conversation, Evelyn Thaw
estified was repeated to Thaw.
Ever since the trial began Thaw has
,een making voluminous notes of the
estimony. 1t is now said that he
pends his evenings in the Tombs
these notes and arrang-
ng them for the use of his lawyers. 1t
5 said that he will attempt to make
dr. Delmas sum up the case on the
ines he will lay down based on this
ecord of what he considers the weak
oints in the prosecutions case.