The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-02-12

Jerome and the witness was not allowed
to tell the story.
I'm Paris" asked Mr. Delmas. did you
tell Mr.. Thaw about a young woman
who was known between you as the pie
girl?"
YES"
Mrs. Thaw was not allowed to detail
this story either
when did Mr.. Thaw make his last
proposal of marriage to you, the one
which you aecepted?'
Il think 1t was about April l, 1905"
what did he say to you at that time Y
Again the district attorney objected and
was sustained.
A document was shown Mrs. Thaw,
who said that it was first shown to her
by Harry Thaw in January, 1906, she
thought.
Did he make any declaration regard
ing it at that time?"
Another objection was sustained.
Mr. Delmas then announced that as
the courts ruling prevented him from go
ing further into these matters because
of a lack of preliminary foundation, ne
would ask leave to withdraw the wit
ness for the time being and proceed along
other lines. reserving the right to re-
call Mrs. Thaw later.
He probably will attempt to lay the
required foundation as to the insanity of
testimony of alienlsts who have been con-
stantly In attendance in court since the
trial opened.
District Attorney Jerome agreed to
temporary withdrawal of Mrs. Thaw and
Mr.. Delnas asked for an early recess IN
order that he might prepare for the line
of evidence.
| . p. m. -. -.
Nhan the afternoon session DeEdll ell
| . o'clock, Mr. Delmas proceeded at once
with the Introduction of med1caI testl-
| monv as to Thaw's condition OF lnnu
| calling first to the stand DIR. Charles
| Wagner, superin tendent of the state nos-
pital for the insane at blhehanip'o"'
| n. Y.
DR.. Wagner Up.
DR.. Wagner stated that he had oeen
| s,nerihtendent of the state hospital LOT
| 9ftaa,, ,,aars and had served as an alien
| ist in number of criminal cases under
appointment of the governor OF the state
i IIo had visited the defendant IN the
| Tombs six times, the last time octoper o.
1906 AT the request of Thaw's attorneys
| "Did YOU form an opinion from all you
observed and from what you kho" Vi 'N'
subject of insanity
u.itness should first tell what he observed
| az his examinations. He was requested u
|
do so. -, ,,,+h hin,
/ ,,,,t IA not make a thorough eXamlna-
| lion. said the witness. Il observer tua'
| Le vas suspicious, reticent ana appre,
| hensiye He was fearful that ne "U 1o
be declared insane. On Septeilper 20
,,,ant 10 the Tombs with DIR. Evans OF Tue
| insane hospital Mt Morris Plains, y. D.
| ,.Xvhat did YOU observe on this SECOND
visit?" ~, ar,iratior
roor, from the Tombs and Mr.. Thaw
WIS brought IN We had just stated tht
| object Of our visit when Mr.. ThaW turned
ON his heel and left the foom' hoIwitn-
standing that 1t was understood plalnlS
| heTorehand that we were there TO eNaii'
| inc him. .to 81 Dia.
| Justice Fitzgerald, on mouon OF Dls
| trict Attorney Jerome, ordered thal an u
| the answers after the word rooiii' ""
| be stricken out ..,,,, rooo.
| tor. tell us what you Observer "sNe'
| Mr.. Delmas.
| "IJe abruptly left the room
| mid Won observe anything else
| ives observed more, but 1t was al
| in his conversation. -,
| Mr. Delmas and Mr. Jerome then had
n long argument on the law covering
the matter of expert testimony.
| Mr.. Delmas argued that the aeclara-
| ton by Thaw tended to show MS state
| ~ mind at the time the action com
J planned of was committed, pue an ne ue
4 sired from the witness was an opinion
as TO the defendants condition at the
| time of his examination in September
Attorneys Converse.
District Attorney Jerome argued that