Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-13
DELAY IN THAW CASE
Continued from First pase.)

the visits covered a long space Of time and
that the time was; therefore. too indefinite:
to by the then mental condition" Of the
defendant, DR.. Evans said he referred
visits.
The witness finally said that as the. re-
suit Of his first three visits he formed one
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?"'
State those two opinions"
That is objected to-" interrupted Mr..
Jerome. The two questions should be
separated"
If ask the one question. will I be al
loved to ask the second?" inquired Mr..
D1eimas. giancing from District Attorney
Jerome to Justice Fitzgerald
of course you can ask the questions"
remarked the judge.
What was your opinion after the first
three visits as to the mental condition OF
the defendant with reference to his mind
being sound or unsound?'
was then and am now firmly of the
opinion that during the first three visits
Harry K. Thaw was of unsound mind, be-
cause of diseased condition of the BRAIN"
AS result of your observation during
the last five visits. did you form an opin-
81 did"
please state it."
The integrity or stability Of his mind
was still somewhat impaired, but i'm
visits
gradual?"
In my opinion it was gradual"
Hereditary Brain Trouble.
What, in your opinion, was the condition
Of mind the result or sequel Oft"
i am OF the opinion that he was suffer-
Ing from positive disorder or derange-
ment OF mind as a result Of hereditary pre-
disposition. l am of the opinion that there
were additional exciting causes in the order
which formed brain storm or mental ex-
ploslon, which left it's traces behind
Dr. Evans was here handed the letters
written by Thaw and heretofore introduced
in evidence.
DR.. Evans explained that the letters were
submitted to him Monday night and he had
intended to read them before coming to
court, out he found both his wife and child
III that night and had been unable to read
the letters. The doctor then began the Pc
rusal of the letters which were later to
form one of the bases of a hypothetical
question.
After DR.. Evans had been reading for
forty minutes District Attorney Jerome sug-
gested recess for half an hour while the
doctor finished. This was granted by the
court at $40 o'clock, but when court recon-
vened DR.. Evans still had two letters to
read Mr.. Jerome proposed another recess
for ten minutes, but Justice Fitzgerald re-
FUSED it. DR.. Evans thereupon returned
to the stand and continued his reading Of
the letters.
Dr. Evans finished reading the letters at
4:16 pm, having been an hour and three
quarters at the task.
Jerome's Battery Of Objections.
After reading these letters, have you
been able to form an opinion as to the men,
tai 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
Mr. Delmas then read from the steno-
the hypothetical question covering the en-
tire Nesbit-ThawWhite story as it appears
In the evidence and which was asked of
DR.. Charles G. Wagner
DR.. Wagner, it will be recalled, gave 1t as
his opinion that Thaw was in such a mental
condition at the time Of the tragedy that
he did not know his act was wrong.
When the hypothetical question was COM
pleted Mr.. Delmas asked DIR. Evans:
Il ask you to state on these facts and
the light of the letters you have read
what was the mental condition of the de-
PENDANT. assuming that the defendant is the
young man whom have described?"
Mr.. Jerome had slowly risen.
1.-The question Is objected to-" he de-
clared. because of the statement that a
maternal uncle Of the defendant was in
sane. The testimony is that the uncle was
Of unsound mind"
Il will amend the question to have it
read unsound mind. said Mr.. Delmas.
II further object" said Mr. Jerome, ION
the ground that there is no evidence here
that Thaw paid honorable court to Miss
Nesbit.' -
Il will not split hairs" said Mr. Delmas,
land make it acquainted with her.
I'm not Snliftinp hairs Mr. II
rome. with some irritation.
Il did not say you were; said I would
not said Mr.. Delmas.
Mr.. Jerome further objected to the aues-
ton on the ground that it referred to the
fact that a serious, If not capital opera
ton" was performed on Miss Nesbit
1t Is called severe, If not capital, OPP
GRAFTON. 1t was an ordinary operation for
appendicitis began Mr.. Jerome
Il object" broke in Mr.. Delmas; 1.-The
record does not show any such evidence"
Every question has been put to this wit
ness" continued Mr.. Jerome, raising his
voice, ito instil in his mind and into the
minds of the jury that this operation was
what Is known as criminal operation as
that is usually understood"
Your honor" cried Mr.. Delmas 81 take
exception to these remarks, and wish the
exception noted on the record, and 1 wish
1t noted on grounds of misconduct of the
district attorney
"To my normal mind" continued Mr.
Jerome. 1.-The impression that would be car
r1ed by these statements is that the opera
ton was of a criminal nature. If they will
exclude such an operation as that 1 am
willing to let the question go. Their very
unWlllingness to do this is in itself proof
that they desire to make that impression on
the witness"
You did not object to this question yes
terday," said Mr. Delmas
mo. Yesterday 1 didn't realize what it
meant
Sharp Dispute Between Counsel.
IF you will give me the word of the de-
PENDANTS counsel" continued the district
attorney, that they do not know the char
acter of this operation 1 am willing to let
1t co.