The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-02-13
EXPERT DECLARES
THAW WAS INSANE
CONTINUED FROM FIRST PAGE

UaH caused Il Drain SlDEilts OF a iitt4lLttl ca
pl0sion. or an outburst Of abnormal mind
manifestations and left its traces behind
it. just such as I have seen hundreds OF
times before and is familiar TO me.
Mr. Delmas handed the doctor the letters
Of Thaw IN evidence, and asked him to
read them. 1t turned out that although
an adjournment had been taken early on
Monday for the purpose Of giving the doc
tor a chance TO read them overnight, that
had not been done The doctor explained
that there was sickness in his family, and
that he had had only few hours sleep.
So. after he had looked at them for about
fifteen minutes. an adjournment was
taken for half an hour. But DR.. Evans
stiH had two letters to read. which took
him about thirty minutes more. Many
things in the letters had TO be explained
to him.
jerome Prepared.
Having read the letters. Mr. Delmas
read the hypothetical question of Mon
day. amended to include the objection
made by Mr. Jerome on that day, but Mr..
Jerome had had time TO look over the
question more carefully and this time he
was prepared with a series Of objections.
This was the first
There is nothing in the case said Mr.
Jerome, that the defendant paid honor
able court Creferring to the Hypothetical
question: TO Evelyn Nesbit in 1901.
After a tilt between counsel the court
changed the hypothetical question 20 say
that there was an acquaintanceship be-
tween Evelyn Nesbit and Thaw ia 1901,
and not that he paid her honorable court.
Il also object" said Mr.. Jerome, read
ing from "a slip OF paper. TO the state
ment "a serious, if not capital operation.
That operation should not be So charaC-
terized. II is perfectly we'll known 10
counsel that it was an ordinary operation
for appendicitis"
Mr.. Jerome's words came with some
heat. and Mr.. Delmas was on his feet,
cool but protesting
we object 10 the statement Of the
learned district attorney" he said, "and
we beg leave to take exception 20 q.
There is no such evidence and Il is not
in the power OF the district attorney to
introduce Il fact before this jury which
is not in evidence
Mr.. Jerome said he was perfectly will
ing to have the jury retire and argue the
matter. Mr.. Demas did not want that
There is evidence of an operation
having been performed" said he. Il viii
then say an operation, unqualified by any
epithet.'
Have l a right 10 address the court,
said Mr. Jerome with great feeling. Il
don't want to say anything before this
jury don't want TO introduce any evil
dence except sworn evidence. As the
record stands here, every suggestion OF
counsel every framing Of questions, every
thing through this case has been to instH
into the minds of these expert witnesses
that this operation was Of a criminal
character as il Is generally understood
Now this operation was performed by the
partner of Dr. William r. Bull. / viii
have the jury retire. but / must say
IF your honor please. said Mr. Del
mas, pitching his voice. Il viii now again
and most seriously object 90 the state
ment Of the learned district attorney which
are not in evidence, and which he him
self cannot but know are not in evidence
It is "A practice i'm criminal cases which
is subject 10 the most serious exception. d"
Justice Fitzgerald suggested that the
evidence in the record should be inserted
in the Hypothetical question.
Very we'll them said Mr.. Jerome. My
contention is this. That operation in this
question is 50 related 10 the other parts
Of the question that naturally and nor
mally tt would be understood by this doe
tor, or by any other doctor, TO mean an
operation of q criminal character"
JcrOme's Misconduct.
7 again object. insisted Mr. Delmas.
as Mr.. Jerome walked up and down in
front of Justice Fitzgerald, and take
-.--.-r,+f~r en- tt,,-. rome. -f-- .v4 5o-+-.
the exception 10 be noted-and in order
to emphasize my exception 1 viii ask
that my exception be noted ON the ground
Of misconduct on the part Of the district
attorney"
Mr. Jerome repeated again that he was
willing that the jury should retire and
ask to have that incorporated in the
record Justice Fitzgerald said he thought
the whole thing could be cleared up on
examination He also said he would
amend the question so as to be in accord
ance with the evidence.
If Mr.. Delmas viii state that the de-
Tense does not know the nature of the
operation" said Mr.. Jerome &c 1 Will with
draw my objection
4 viii state upon my honor that I have
not the remOtest idea. said Mr.. Delmas
I said nor YOU. but counsel for the de-
Tense" said Mr. Jerome. looking at all Of
them There are six of you"
I cannot tell any more than I know
replied Mr. Delmas.
Mr. Jerome said he was willing to take
time so that Mr.. Delmas could consult
with his associates. Mir. Delmas said he
was not willing.
Then he does not want to tnsinUate-'
said Mr.. Jerome.
DeImas Objects,