Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-05

/ ueieHddntS HrSt opportunity 10 XIII VIII
impunity the man whom he believed was
armed to kill him-do these facts indicate
nothing to you but a brain Storm"
DR.. Wagner evaded the question, saying
| II assumed facts not In the evidence. He
declared there was no evidence to show
that Thaw regarded White as q deadly
| enemy"
Another Brain Storm Expert.
After the personal enmity had been fixed
| to suit the witness DIR. Wagner said he did
not think it was fair to ask him to answer
| on parts Of the facts without including
! them ALL
Il want to find out whether the shoot
ing Itself IVA was Of such nature as to indi-
He then read again that part Of the hypo-
! thetical question which described the killing
ana the events Immediately preceding and
| following it.
Now, doctor, take these facts and add
10 them the fact that the defendant knew
| tnat while he had repeatedly wronged the
Wne and that this was the first time he
nau an opportunity to approach White
| without being observed and tell me whether
you think this defendant was suffering
from brain storm"
Yes, l think he was"
= Mrs. Thaw Ready.
Whlie DIR. Wagner was testifying word
came into the court room that Mrs William
Thaw. accompanied by her daughter, Mrs
George Carnegie, had arrived in the GRIM
maj courts building, ready to be called as
a witness whenever she was desired
District Attorney Jerome questioned DR..
Wagner about various forms of insanity,
including paranoia.
DR. Evans has testified that this defend
ant was suffering from paranoiac form
OF adolescent insanity" said Mr.. Jerome.
DO you subscribe to that?"
aror ,oia ltd ~ ~x,:x, sS.,,0
mean a dozen different forms. Paranoiac
means like in character and that is all. 1t
| does not mean specifically decisions of per-
secutions."
do you think this defendant ever had
| decisions of persecution"
The witness said that Thaw, when he
saw him in the Tombs, had an abnormal
Jerome asked If the ability of Thaw
| to smell correctly was Of Importance as
testifying that he had recently passed
through a brain storm.
Il don't know as that proved anything
one way or the other replied DR.. Wagner:
Test of Cranial Nerves.
DIR. Wagner was questioned about the
| tests of the cranial nerves, and said he and
DR.. Evans came to the conclusion that
| Thaw did not suffer from general paresis.
Proceedings were interrupted at this point
| while Justice Fitzgerald went into cham
bers where he admitted Mrs. Lottie Wallau,
| accused Of the murder of her mother, Mrs
| Ida Binge, to bail in $4,000. The judge was
| absent but few minutes.
| Representative Littlefield of Maine was
| a guest of District Attorney Jerome within
| the counsel rail at this mornings session
of court.
| DR. Wagner, when Justice Fitzgerald had
\ returned to the bench, testified that the
| test of the prisoners optic nerve had dis
| closed no paretic condition. The witness
| went into a technical discussion OF the
| nerves of the eye and Of the tests used TO
| determine whether these nerves were IN
| normal condition.
Not Contagious.
| Dr Wagner went into a long explanation
| of the nature of illusions. delusions and
| Authorizations of the taste and smell, which
| he followed with technical descriptions OF
| nerves. nervous diseases and affections, and
the tests used in examining them. One OF
| the diseases he mentioned had name con-
sisting of five complicated Latin WORDS,
| which caused a laugh in the court room,
| and was too much even for the district at
| torney.
rs it contagious?" asked Mr.. Jerome.
The witness laughed with the others ana
said he did not think 1t was.
GIN all the evidence submitted to me, and
| on which / based my opinion said the
witness, there was not the slightest sug-
gestion of epilepsy
l. Mr. Jerome pressed for an answer to the
| question If there was anything in Thaw's
| actions on the night he shot 'otanIoro
White. DR.. Wagner said ne knew OF noeh-
ing necessarily suggesting epilepsy.
| At this point there began one or the most
spirited incidents of the trial, with the dis
trict attorney, Mr.. Delmas. Justice F1tz-
gerald and the witness all taking part.
Don't duck by using necessarily, COM
manded the district attorney.
Il am not ducking." replied DR.: Wagner
with spirit. II am telling the truth
Justice Fitzgerald raped with his gavei
| and ordered all the remarks stricken from
| the records.
IAN epileptic may have done these
| things continued DIR. Wagner put no
| single thing points to epilepsy
Epilepsy in Family.
| District Attorney Jerome next directed
the witness to tell all that the defendant
said to him in the Tombs regarding the
subject of epilepsy in the family.
Mr. Delmas objected to the question on
| the ground that it was too broad. DR..
wagner's direct testimony having been
confined to the first three visits to Thaw,
when the witness was of the opinion
! the defendant was insane.
This is a most unusual thing" said
District Attorney Jerome, for scientific
| witness to try to exclude facts. I am
| entitled to ask broad questions to test
the credib1l1ty or this witness as an nom
est man."
Mr. Delmas declared District Attorney
Jerome's questions were too broad.
II have ruled again and again on this
question" said Justice Fitzgerald 'The
testimony as to this defendants state
ments in the Tombs were admitted on
the ground that they were made at
time when he was insane. Up to now
we have not gone outside the field thus
laid down."
Degrading Debate.
Mr.. Delmas was proceeding with his
| argument saying that when the trial he
gan the defense offered to waive any
privileges it might have as to protecting
the truth or falsity of Evelyn Nesbit
Thaw's story.
Mr.. Jerome interrupted. The argu-
ment is on the question at ISSUE" he
said; 1T does not call for . stump
speech"
Mr.. Delmas seemed taken aback for a
moment Then he said: These Of
fensive remarks of the learned district
attorney tend to lower the standard of
the court and degrade this debate.
He first INDUCED in his offensive re-
marks against the Witness" continued Mr..
Delmas, land now he directs them at coun-
sci. They will not aid the court or the jury
l