The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-06

| trict Attorney" said the judge with a
| sharp rap of his gavel, that it is the
| duty of the court to construe and declare
| the law and If you have any authorities
| it's your duty to submit them. will as
sumo that If you do not present them you
| do not know of any
| "If your honor will allow I will continue
| my argument" said Mr.. Jerome
DIR Evans said that only on the first
e visits the defendants condition was
proving. Your honor has admitted the
nversa lions on the first three visits as
| throwing light on the defendants condi-
| tons, and on the same ground | ask
| you to admit the conversations on the last
| five visits
Mr. Jerome, whose earlier argument had
| been impassioned and dramatic, lowered
his voice on the second portion of his ad-
dress and ended with bow to the court.
Fitzgerald Sustains Delmas.
! what is the objection before the
| court?" asked Justice Fitzgerald.
| Mr. Delmas said he objected to the
| district attorney going any further on
cross examination than counsel for the
defense was allowed to go on in direct
examination.
sternly.
Mr. Jerome turned again to the wit
ness.
| what conversation did you have with
| the defendant on your first visit to the
Tombs?" Mr., Jerome asked.
| 81 gave It all in my direct examination,
replied DR. Wagner.
| After brief argument between the
district attorney and Mr.. Delmas, DR..
| Wagner was instructed to proceed to tell
the conversations over again.
| District Attorney Jerome frequently in
terrupted him to make sure he was get
! ting all the conversation and as nearly
| in the words of the defendant as the Wit
! ness could remember
| DR.. Wagner said: II asked Mr. Thaw
| to tell me something regarding what de-
veloped after the shooting. He told me
that several doctors had called to ex-
anime him but he declined to be exam
| ined He said Dr. Hamilton also visited
him and made some examinations He
told me about having dismissed the doc
| tors who were employed by his former
| attorneys because he believed them to be
| in league with friends of Stanford White.
and with the district office to send him
| to an asylum. He said there were peo-
pie who thought he was insane, perhaps
| 200 or 300 of them, but that they could
not prove 1t.
| ThaW's Conversations.
"He also told me that Stanford White
had hired the Monk Eastman gang to
follow him and pick quarrel with him
and kick him to DEATH"
| DR.. Wagner said that Thaw told of
seeing Stanford White on the roof gar
den and of going up to him and firing.
| IT asked him If that was not a harsh
| way of ending the matter" said DR..
| Wagner, land he replied that he had not
wanted to kill White but wanted to see
him legally punished"
WAS it that he had no intention of
| killing him that particular night inter-
rupted Mr.. Jerome.
mo. he said he had no general inten-
ton of killing the man"
! DIR. Wagner then repeated Thaw's state
ment that providence had done the act.
Mr. Jerome was questioning the witness
regarding the defendants statements as
| to the intervention of providence when
| the luncheon recess was ordered.
Afternoon Session.
When court reconvened after the
luncheon recess, DR.. Wagner again took
the stand and resumed his relation OF
his conversations with Thaw in the
'rombs.
He told me as he was walking out OF
the roof garden he saw White and APP
nroached and shot him." Said Dr. Vag.
ner.
I'm view of that statement DIR. Wagner
| was it your opinion that he knew he was
| approaching White?" asked Mr.. Jerome.
Il think he did, was the reply.
Did he not tell you something at tina
time about drawing his pistol?'
II do not remember exactly, but
| think he said something about it,
Taking all this into consideration. is i
your opinion that when he walked to
wards White lie had the intention t'
shoot him?"
Taking into consideration his Statement
that he had not intended to kill White,
don't think he did
when he drew the pistol, did he inten,
to shoot?" Il
II cannot say. 1t is possible the &C
| of drawing the pistol and of shootins
! were so close together as to be stimuli
Etaneous.'
| Dr. Wagner said that he and DIR
4 Evans found Thaws memory to be gen