The Montgomery advertiser., 1907-02-13

| aminations. If the doctors say Thaw was Insane then the conversations can come in. Justice Fitzgerald again sustained the district attorney. The defense noted an exception.
 T will now ask you, doctor" con- tinued MT. Delmas. If as result of your eight examinations you formed an opinion as to this mans mental state at the time of your visits?
 Yes"
 Dr. Evans then went on the next visit September g. pr. Wagner was present.
 suu With .ExagGerafed Ego"
 We examined his general attitude, his manner of entering the room. man. | ner of thought and general department He still had the glaring of the eyes, was still highly nervous and still sus- picious of everyone. If. while he was lconversing with pr. Wagner. I should move Into a portion of the room where he could not sec me, he would at once change his position, 60 he would get us both in his line of vision. Then he exhibited the exaggerated ego, the air of self importance and the disposition to direct me rather than be directed by me.
 When did you next see himT asked Mir. Delmas.
 "On September 27. when with Dr. Wagner we went to the Tombs for the purpose of making physical exami- nation, which was done, Mir. Thaw be- ing examined from head to foot. We examined the body as to general nu- triton, we examined the heart and the pulse; we searched for evidences of drug habits or serious disease: there was search for tremors: we tested the sensibiiity of the surface of the body: we also tested the power of re- collection and perception; examined the cranial nerves and submitted MT. Thaw to all the ordinary tests as to mental unsoundness."
 pr. Evans said the next visit was on Seotember %.
 Many of the previous tests were re- peated; we asked various questions and the prisoner gave his own answers to them and made diagram with match es-"
 Mir. Jerome objected to the diagram but was overruled by Justice Fitzger- aid, and the witness was told to pro- ceed.
 "Mr. Thaw took matches and tooth picks, and placed them 50 as to show positions, which may have been clear to him, but were confusing to me. I did not think his explanations were clear or iogical.''
 "what was his condition on that day?"
 He was calm. less suspicious and more conhding than on previous visits! While he st'l1 showed some nervous agitation and the peculiar glanctng from side to side as if to be Sure there was nothing wrong. In a general way he was more composed"
 The next visit Dr. Evans described was on October 1. when he wes again accompanied by Dr. Wagner
 Grows More Calm. Z,
 This time MT. Thaw was extremely ! IE~T ~. CT or friend. He still in . modified manner. continued to dictate the course of the conversation, but not so much ss he had done before.''
 The eighth and last visit Dr. Evans said was on October 8.
 "We had a orotracted interview with MT. Thaw in which a subject near to his heart was discussed.
 "It lasted two hours" said Dr. Evans.
 Under the ruling of court can you say anything further regarding this visit?"
 Under the courts eliminations there Is nothing more I can say"
 Recess for luncheon. | Dr. Evans resumed the stand immo- diately after recess.
 Doctor" asked Mir. Delmas Gas a result of your eight visits to Mir. Thaw dic you form an opinion as to the mental condition of Mir. Thaw?"
 Mir. Jerome objected and the witt ness finally said that as the result of his first three visits he formed an opin- ion. and as the result of the last five visits he formed another.
 Were they based in parts on oral statements by the defendantT'
 'Yes."
 "W hat was your opinion after the first three visits as to the mental con- dition of the defendant with references ffa lie fyN6 hail l
 'T was then and am now firmly of the opinion that during the first three visits Harry K. Thaw was unsound of mind. because of a diseased brain {"
 As a result of your observation dur ing the last five visits. did you form an opinion as to Mir. Thaw's mental condition?
 T did"
 Please state it."
 Grew Better Gradually.
 "The inability of his mind still ex- isted. but seemed better than on the three former visits"
 Was that improvement stationary or gradual?"
 Tn my opinion 1t was gradual"
 What, in your opinion, was the con- dition of the mind the result or sequel ofT'
 T am of the opinion that he was suffering from a positive disorder or ! dcrdn cement or mind as result of hereditary predisposition. I am of the opinion that there was additional ex- citing causes in the order of stress, strain and ordeals of the mind. which formed a brain storm or mental ex. plosion which left It's traces behind :"
 Dr. Evans was here handed the Iet- ters written by Thaw and heretofore introduced in evidence.
 The doctor then began the perusal of the letters which were later to form one of the basis of a hypothetical question.
 After Dr. Evans had been reading for forty minutes, District Attorney Jerome suggested recess for half an hour while the doctor finished. This was granted at 3:1O but when court reconVened Dr. Evans still had two let ters to read. MT. Jerome proposed another recess for ten minutes but Justice Fitzgerald refused it Dr. Evans thereupon returned 10 the stand and continued his reading of the let ters pr. Evans finished the reading of the letters at 4:16 D. m. having been an hour and three quarters at the task
 After reading these letters, have YOU been able to form an opinion as to the mental condition of the author at the time they were written?'' asked Mr. DeImas.
 q have"
 ''Then. doctor. listen closely to what am about to ask you"
 MT. Delmas then read from the stenographic report of yesterdays pro-