The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-02-13

the prisoner gave his own answers to
them and made a diagram with matches.
| Mr.. Jerome objected to the diagram, but
| was overruled by Justice Fitzgerald, and
| the witness was told to proceed.
Mr.. Thaw took matches and tooth
| picks and placed them so as to show posi-
| tions which may have been clear to nm,
| but were confusing to me. | did not
| think his explanations were clear or log
! ical."
"What was his condition on that day.
He was calm, less suspicious and more
confding than on previous visits. While
| he still showed some nervous agitation
and the peculiar glancing from side to
side as if to be sure there was moth
| ing wrong, in a general way he was
more composed"
The next visit DR.. Evans described was
ON October 1. when he was again accom-
panied by DR.. Wagner.
This time Mr. Thaw was extremely
cordial and talked to me like brother
or friend He still in modified man
ner continued to dictate the course OF
| the conversation, but no so much so
as he had done before.
Discuss His Heart.
The eighth and last visit DIR. Evans
said, was on October s.
I'VE had a protracted interview with
Mr. Thaw in which a subject near to
| his heart was discussed 1t lasted two
hours" said DR.. Evans.
"Under the ruling of the court can you
say anything further regarding this
vst?"
Under the courts elimination. there
| is nothing more L can say"
Recess for luncheon.
DIR. Evans resumed the stand imme-
diately after the recess.
Doctor" asked Mr.. Delmas, "as a re-
suit of your eight visits to Mr. Thaw did
you form an opinion as to the then men,
tai condition OF Mr.. Thaw?'
Mr. Jerome objected and the witness
finally said that as the result of his
first three visits he formed an opinion
and as the result of the last five visits
he formed another"
Were they based in part on oral state
ments by the defendant?'
yes"
"What was your opinion after the
| first three visits as to the mental condi-
ton of the defendant with reference to
his mind being sound or unsound.
Il was then and am now firmly of
| the opinion that during the first three
visits Harry X. Thaw was unsound of
| mind, because of a diseased brain"
LAS a result of your observation dur
ing the last five visits did you form an
opinion as to Mr.. Thaw's mental .condi-
tion?"
IT did"
please state It,"
1.-THE inability of his mind was still
impaired, but seemed better than on the
three former visits"
! "Was that Improvement stationary or
gradual?"
I'm my opinion It was gradual
what, in your opinion, was the con-
dition of mind, the result of sequel Off
Al that lta xxrl
ing from a positive disorder or derange-
ment of mind as a result of heridatary
| predisposition. am OF the opinion that
| there was additional exciting causes in
| the order of stress, strain and ordeals OF
! the mind which formed a brain storm
or mental explosion which left Its traces
| behind"
DR.. Evans was here handed the let
ters written by Thaw and heretofore In
| troduced in evidence.
The doctor then began the perusal OF
the letters which were later to form
one of the basis of a hypothetical ques-
! ton.
DeImas Asks Questions.
| After DR. Evans had been realing for
forty minutes District Attorney Jerome
| suggested a recess for half an hour, while
the doctor finished. This was granted at
$40 but when court reconvened DR..
Evans still had two letters to read. Mr..
! Jerome proposed another recess for ten
minutes but Justice Fitzgerald refused
| it. Dr. Evans thereupon returned to the
stand and continued his reading Of the
/ letters DR.. Evans finished the~reading
of the letters at 4:16 p. M, having been
an hour and three-quarters at the task.
after reading these letters have you
been able to form an opinion as to the
| mental condition Of the author at the
/
! mas
Il have"
''rhen doctor listen closely to what
am about to ask you"
! Mr. Delmas then read from the steno-
graphic report of yesterdays proceedings
| the Hypothetical question covering the
entire Nesbit-Thaw-W White story, as 1t APP
pears in the evidence, and which was
asked of Dr. Charles G. Wagner who
il will be recalled gave 1t as his opin-
ion that Thaw was in such mental
condition at the time of the tragedy that
he did not know his act was wrong. When
the hypothetical question was competed
Mr.. Delmas asked DR.. Evans:
At ask YOU to state on these Facts ana
tbe light of the letters you have read
what was the mental condition OF the
defendant assuming that the detehoant
is the young man whom nave oe-
scribed?' ,,r,..
Mr. Jerome had slowly risen. THE
question is objected to- he declared
''because of the statement that ma
ternal uncle of the defendant was insane
The testimony is that the uncle was
of unsound mind.
81 will amend the question to have
II read unsound mind" said Mr.. Del
! mas. 1
Il further object" said Mr.. Jerome,
"on the ground that there is no evidence
here that Thaw paid honorable court
to Miss Nesbit
Not Split Hairs.
81 will not split hairs said Mr.. Del
mas land make it acquainted with
her. ia NJ. IL
I'm not splitting hairs said MI. 1e-
rome with some irritation.
~ did not say you were, | said would
not" said Mr.. Delmas.
MIR. jerome further objected to the
question on the ground it referred to
the fact that a serious II not capital
oneration, was performed on Miss Mes
| bit i4,,
"It is called severe If not capital
oneration. 1t was an ordinary operation