The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-02-28


sooner have as to this defendants in
sanity the opinion of a general praeu-
TONER who has known him for thirty
years than the opinions of all the eX-
perts there are-with due respect to my
OWL and Mr.. Jerome smiled as Drs
Flint. Macdonald and Maben, who daily
sit besides him.
Deusions.
Dr. Bingaman said he believed Thaw
was irrational and laboring under deln-
sions Newspapers had been woven INTO
the cell bares to keep the draft out and
Thaw told him the authorities were al
lowing the wind to blow in ON him so that
he would contract pneumonia and die
and thus prevent his case coming to
trial.
Br. Blngaman told Thaw then that his
pulse was a bit irregular. Thaw replied
that this was a condition that had FOL
lowed "the act of providence
Mr.. Jerome began his cross examina-
ton by asking as to the faint of insanity
in Thaw's family. Mr.. Delmas imme-
diately objected.
Will Say So, If Crazy.
T want to find out what tendency
there is to insanity in this mans fam
ily?' said Mr.. jerome. 81 want to get
at the facts. If | find this defendant
crazy, I'll say So"
IF Mr.. Jerome desires to prove that
Thaw was crazy on June % last, we will
| admit it," rejoined Mr. Delmas.
Il have the old fashioned idea,' replied
| Mr. jerome, that the district attorney
| office is quasi judicial and that he has
a right Thoroughly TO examine all wit
| nesses so as to decide his course.
1.-The district attorneys office is quasi
judicial" said Justice Fitzgerald" and
| when he comes into court he is bound by
the same rules of evidence as the at
| torneys for the defense. | sustain the
| objection"
| Mr.. Jerome then said he would call DR..
| Bngaman for the state in rebuttal, and
| asked permission to take his testimony
| in the form of a deposition.
To Finish This Week.
| Mr. Delmas objected, saying the testi-
mony must be taken in open court In
| good faith and not for publication" said
! Mr.. Delmas, I'VE expect to get through
| this week.
| Mr.. Jerome asked DR.. Bingaman to re-
| turn next Monday. In the meantime he
| proceeded to cross-examine him regard
| ing his visits to Thaw in the Tombs. AT
| his visit of August Il, the doctor said
| he prescribed a nerve tonic for the pris-
| oner.
Exaggerated Ego.
did you notice any exaggerated ego?
asked Mr.. Jerome.
lie had a very high esteem of him
self but there was nothing else
DR.. Bingaman was here excused and
| DR.. Brtton De Evans, one of the alien
| lists for the defense, was called for cross
! examination.
"Of what institution of learning are you
a graduate?n asked Mr. Jerome
''fhe College of Physicians and Sur
geons." replied the doctor
"'rhat Is the institution from which
your colleague. Or. Wiley. graduated is
it note" asked the district attorney in a
soft low voice.
The doctors reply was lost in the noise
! in II general litter in the room and thu
pounding of the bailff's gaval
Dr. Evans was closely questioned re
| garding Il post graduate course he testi
fed he had taken at Johns Hopkins. IL
| said he had never matrtculated at thi.
| college. but he had at odd times ATTENDED
the lectures.
Studies at Johns Hopkins.
"Then when you told Mr.. Delmas tina
YOU took postgraduate course at John!
| Hopkins 1t was not quite correct, wa!
it?" asked Mr. jerome.
at was correct as | understood it, no
as you seem TO understand It,"
do you consider yourself a master o
your profession?'
II don't know just what you mean b,
q master, | have been considered suf
flcieutly proficient to testify In man!
courts"
"Do you know anyone who is a maste
in Your professon?''
"If you mean a man who knows al