The Montgomery advertiser., 1907-03-05

Does the fact that in shooting. Thaw placed the pistol close to Whites head mean anything to your
 Tt would lead to the belief that White was the figure he was after"
 What is indicated to you. as a sci- entiffc man, by Thaw's declaration to his wife, have saved your 1ife,' asked District Attorney Jerome
 ''rhe fact that he had done some thing and had done 1t to save her life. :"
 What is conveyed by the fact that Thaw was sitting quietly talking to his wife until they started to leave the roof garden?"
 The fact that his outward appear ance was calm had nothing to do with the natter mental agitation does not necessarily mean muscular agitation :"
 Doctor" continued Mir. Jerome. does the fact that Thaw told you in the Tombs that he had not wanted to Kill Stanford 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 tirne--yes," replied Dr. Evans.
 ''Your believe that Thaw had suffi- cient intelligence to know that?"
 T can't accept intelligence in the sense you use it. protested the wit ness. "as applying in cases of unsound mind. A man may be both cultured and intelligent and still be insane"
 pr. Evans related an incident of a man at the asylum of which he is the head, who had been associating with Dr. Evans's own family and allowed many privileges about the institution. suddenly turning upon a doctor and attacking him fiercely.
 Are insane persons deterred by fear of punishment" asked Mir. Jerome.
 "A great many are."
 That is all.''
 MT. Jerome's long eros examination was concluded. He said on Friday last that he would have few questions to ask Dr. Evans today ae to his opinion of certain authorities on mental dis eases, but he did not touch upon that subject at all.
 MT. Delmas was abou; to begin his redirect examination of pr. Evans. when he asked the witness if he had certain papers in his possession. Dr. Evans said he had not. It was agreed then that he should be temporarily ex- cused and Dr. CharlesG. Wagner, super intendent of the State Hospital for the cross examination. Dr.Wagner was with Dr. Evans on most O. the latter's vis- its to Thaw in the Tombs.
 Dr. Wagner Crossed.
 Doctor Wagner sad MT. Jerome will you kindly describe in as few words as possible. the kind of insanity of the mind this defendant was suffer ing the night he shot and killed stan ford White?"
 "It was one of the insanities which developed during the period of adoles- cence. I would say that 1t was not developed sufficiently to permit of definite characterization. There are symptoms leading to various forms of insanity. including dementia preacox."
 MT. Jerome asked the doctor about his visit to Thaw in the Tombs and he said as far as he remembered. Dr, Evans had not left an incident of those visits untold. Then MT. Jerome took up the subject of medical writers and Dr. Wagner said he did not know of one work that he would take as authority absolutely without qualifications.
 Medicine is progressive science" he said. and the reasons why books are written this year is because last years books are out of date. For this req son a book which may have been of great value last year. IS of no value this year"
 MT. Jerome then went into long series of questions regarding what Dr. Wagner considered standard works, but without particular result.
 What is your opinion of the writings of Allen McLane Hamilton?" asked MT. Jerome.
 T would rather no. characterize them.".
 MT. Jerome insisted. the witness de- clined to answer and A.r. Jerome aD- pealed to the court Justice Fitzgerald Et.tI Is.. .4 n,, Evans to answer this same question. He said today he would rule the same way. Justice Fitzgerald took occasion here to read statement he had prepared over Sunday, and Tn which he upheld his right to exclude from the record anything which might be construed as 8 prejudicial error. He said he might do this upon the objection of the other side, or acting alone when there was persistency" on the part of either counsel to inject error into the record
 MT Jerome turned to the witness and said:
 What kind of insanity is it this de- fendant has or had?"
 Tn replying, Dr. Wagner created of a stir by using the pres ent tense.
 Uses Present Tense.
 "In my opinion," he said, this man has symptoms allied to a depressive form of insanity and others allied to dementia 3raecox."
 Whether pr. Wagner used the pres ent tense Intentionally or not, did not develop, for the point was not caught by any of the attorneys.
 MT. Jerome. however. in a low voice, the doctors answer by begin ming:
 "Then you say. Doctor, that this to two forms of insanity?" etc.
 Dr. Wagner listened intently and re- piled
 "Yes.'
 Dr. Wagner then repeated the story that Thaw told him in the Tombs to the effect that he had not wanted to kill White but that Providence had stepped in and it was probably for the best, for if White had been sent to prison he would perhaps have succeed ed in getting out and would have re- sumed his course.
 You are using exactly the same words that Dr. Evans used" said Mir. Jerome. How is it that you remember them so well after seven months. Did you make any notes?'
 Dr. Wagner said he had not because Thaw had objected so strenuously. they had no complete record of the case. He spoke from memory, having impressed his words on his mind at the time.
 Luncheon recess was taken at this period.
 Dr. Wagner was called again to the