The San Francisco call., 1907-02-13
Asserts Insane Mind Directed Shots
That Ended Stanford Whites Life

OF course you can ask the questions. remarked
the Judge.
visits as to the mental condition OF the de-
.fendant?
l was then and now firmly Of the opinion that
during the first three visits that Harry X, Thaw
was unsound Of mind because OF diseased
brain.
As result of your observations during the last
five visits did You form opinion as to Mr..
Thaws mental condition?
The stability of his mind was stu impaired.
but seemed better than upon the three former
Was the improvement gradual?
What in your opinion was the condition of
mind the sequel of:
am of the opinion that he was suffering from
positive disorder or arrangement OF mind as a
result of hereditary predisposition. l am of the
op'nion that there were additional exciting causes
In the order of stress. strain and ordeals OF the
plosion which left its traces behind.
Dir Evans was handed the letters written by
again began the perusal of the letters which
were later TO form one of the bases Of hypo-
recess was taken.
PHYSICIAN READS LETTERS
After DR.. Evans had been reading
for forty minutes, District Attorney
Jerome suggested recess for half an
hour, while the doctor finished. This
WAS SIdHleQ ny the -COuIl dl O-1V, Uul
when court reconvened DIR. Evans still
had two letters to read. Mr.. Jerome
proposed another recess for ten min
utes, but Justice Fitzgerald refused 1t.
DIR. Evans thereupon returned to the
stand and continued his reading of the
letters.
DIR. Evans finished reading the letters
at AIS p. M, having been an hour and
three quarters at the task.
!; ~, Ia,v
you been able to form an opinion as to
the mental condition of the author
at the time they were written?" asked
Mr.. Delmas.
Il have"
Then. doctor. listen closely to what
am about to ask you." resumed Mr..
Delmas. who then read from the steno-
graphic report of yesterdays proceed
ings the Hypothetical question cover
ing the entire Nesbit-T -Thaw- White
story as it appears in the evidence and
which was asked of Dr. Charles G.
Wagner
DR.. Wagner gave it as his opinion
that Thaw was in such mental con-
dition at the time of the tragedy that
he did not know his act was wrong
When the hypothetical question was
completed Mr.. Delmas asked DIR.
Evans:
and the light of the letters you have
read, what was the mental condition
of the defendant, assuming the de-
fendant is the young man whom l have
described?"
Mr.. Jerome had slowly risen.
STORM OF OBJECTIONS
"The question is objected to-" he de-
clared, because of the statement that
a maternal uncle of the defendant was
insane The testimony is that the uncle
was of unsound mind"
u will amend the question to have
1t read y unsound mind said Mr..
Delmas
II further object" said Mr.. Jerome.
ION the ground that there is no evil
dence here that Thaw paid honorable
court to Miss Nesbit "
81 will not split hairs said Mr..
Delrnas, "and make it acquainted with
her.
81 am not splitting hairs" said Mr.
Jerome, somewhat irritated.
Il did not say you were; 1 said I
would not said Mr.. Delmas.
Mr.. Jerome further objected to the
question on the ground that it referred
to the fact that serious if not capital
operation" was performed on Miss
Nesbit.
It's called severe If not a capital
Operation. 1t was an ordinary operation
for appendicitis-" began Mr.. Jerome.
II object" broke in Mr.. Delmas, "the
record does not show any such evil
dence."
Every question has been put to this
Witness" continued Mr.. Jerome, rails
ing his voice, ito instiH in his mind
and into the minds of the jury that
this operation was what is known as a
criminal operation, as that is usually
understood"
Your Honor" said Mr.. Delmas, "I
take exception to these remarks and
wish the exception noted on the record,
and I wish it noted on the ground Of
misconduct of the District Attorney"
ANOTHER AMENDMENT
ITO any normal mind" continued
Mr.. Jerome, "the impression that
would be carried by ynese statements
is that the operation was of critical
nature. If they will exclude such an
operation this I am willing to let
the question go. Theif very unwilling
ness to do this is in itself proof that
they desire to make that impressions
on the witness !
You did not object to this question
yet said Mr.. Delmas.
mo, yet 1 did not realize what 1t
meant
IF you will give mo the word of the
defendants counsel" continued the
District Attorney. that they do not
know the character of this operation
1 am willing to let it co..
Il give my word / don't know" re-
piled Mr.. Delmas.
Il didn't say you; I said defendants
counsel. / will give you time to con-
suit with your associates"
Il don't care to do that" replied Mr..
Delmas.
Then you do want to make this in
sinuation?" snapped Mr.. Jerome.
Again Mr.. Delmas noted an exception
to answer Jerome's remarks.
81 protest against this" he ex-
claimed. THE District Attorney
strangely forgets his character and
position when he charges me with an
attempt to deceive. He must on de-
liberation see the injustice of his dis
courtesy"
II see injustice plainly" said Mr.
Jerome, but not Oh my remarks.
will ask this witness what he under
a