The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-01

| applied to the next.
| scolds Newspaper Men.
| Thaw took several newspaper men who
| sat within two feet of his counsels table
| to task today for what he termed their
| unwarranted action In copying from a
| piece of paper on which he was writing
| yesterday afternoon. lie said he had con-
| templated giving out statement at the
| enl of the trial, but he did not know
| whether he would do so now that dis
| torted statement had appeared in which
| he was made to remark that it was
wonder his wife had withstood so well
| the attacks of the district attorney and
| his black-legs."
Attorney OReilly added to what Thaw
had To say by announcing that he had
the defendants statement in custody. and
would only release 1t when Thaw said So
Daily Letters.
Thaw daily receives letters, nearly all
of which express hope and the belief
that he will be acquitted He brings many
of these to court with him in big brown
paper envelope and spends good part
of the day in reading them with evident
satisfaction.
There were indications of mental ir
regularties in the next letter. the doc
tor said, but taking the letter, he would
not say positively that the writer was
RSeA nv
herent, he thought.
II have examined all of these letters
together" said DR.. Evans, and it is
practically impossible for me to separate
them in expressing a diagnosis of insan-
ity. Taken altogether with what ] know
of the case, they indicate to me that
the writer's mind was unsound. Taken
individually and excluding the history of
the case. they do no more than suggest
mental irregularty.''
Underscoring a Bad Sign.
In pointing out various things in one
of the letters, Or. Evans called attention
to the heavy understanding of seemingly
immaterial words
Mr.. Jerome called attention to one word
which had but a single line beneath it.
What would you call that, doctor?'
he queried.
oh said DIR. Evans, that's nothing
but genteel scratch"
The district attorney then called at
tention to several more 'genteel
scratches.
Here is a statement, Il have nothing to
live for said DIR. Evans, (which indi-
Gates a depressed condition of mind.
Taken as a whole, however, this letter,
exhibit g. is more or less reasonable
Now, doctor, as a matter of fact is
there anything In that letter that even
tends or hints at insanity" asked Mr..
Jerome
"oh yes, there is suggestion of it in
all the letters said DIR. Evans.
As each letter was gone over 1t was
handed to the jurors for inspection They
spent much time over the exhibits, the
afternoon session dragging.
Owns Pittsburg Politically.
When DIR. Evans was handed the let
ter exhibit /, he spent long While
at,,.., ~ IafO hao sol ha TTG
pared to answer any questions in connec-
ton with It, He said the letter was IT.
regular and disorderly, but did not in it.
self show that the writer was insane.
1.-THE letter shows a delusive state in
that the writer speaks of owning Pitts
burg politically said DIR. Evans.
The witness had some difficulty In de-
ciphering one sentence of the letter anu
said it was incoherent.
When closely questioned he admitted
that he was unable to read the sentence
do you mean to swear that this sem
tence you can't read is incoherent? DO
you know what you are talking about?'
asked Mr.. jerome.
rs this local brain Storm"
DR.. Evans reply was so low as to be
unheard by Justice Fitzgerald, who
raped sharply on his desk.
Mr. Delmas suggested that the SEN
tence in the letter might read, Il could
be senator from Pennsylvania" and Mr..
jerome agreed with him.
Does 1t seem incoherent?' he asked
the witness, that young man of large
means should aspire to be senator from
the state that Senator Quay came from?'
GenteeI Scratches.
''You do not allow me to take into con-
sideration who the writer of the letter
is" said Dr. Evans, 80 without that
knowledpa / cannot saw
Are there any genteel scratches In the
letters?" asked Mr. Jerome.
There are several genteel, smooth
strokes of the pen" replied DR.. Evans.
This letter suggests a state of mem
tai instabiity-the first indications of a
mental break down."
'Dr. Evans" said Mr.. Jerome, in testi-
flying in the case of the state VS.. Reid,
did you not say"
~ object" interposed Mr.. Delmas.
"Objection sustained" said Justice
Fitzgerald, with rap of the gavel.
Ibid you testify in such casc?" asked
Mr.. Jerome.
yes
Ibid not you say"
81 object" said Mr.. Delmas.
"Objection sustained. There will be no
end to this If you bring in that; every ex-
pert has testified in every other case on
record" said Justice Fitzgerald
Fitzgerald Shows Feeling.
DO 1 understand the position, your
honor, has taken to mean" began Mr..
Jerome but he was cut short by another
rap of the judges gavel.
you understand nothing except as l |
rule" said Justice Fitzgerald with some |
show of feeling. II sustain the objec- |
ton
Now, DOCTOR" said Mr.. Jerome. tax
ing these letters as whole and exclude
ing all else, can you say whether the
writer was sane or insane at the time of
writing?"
DR. Evans did not think he could.
IF you only mad these letters and moth
ing else, you could not tell whether the |
writer was sane or insane?"
Il could not form a scientific opinion
what was there in the hypothetical
question that enabled you to say he was
insane June 25?'
"Dr. Evans related a number of facts
that were in the hypothetical question.
and added several matters of pre-natural
influence which have not come out in evil
dence.
Hypothetical Question.
Mr.. Jerome went carefully into the
statements, asking the doctor IL he con-
-. h. Gxro. n