Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-06

THE EVENING STAR
Of which I have no record. It Is possible
that there may have been recovery during
that time and a condition of soundness."
May Have Been Clouded.
Dr. Wagner said he believed that when
Thaw wrote the section of his will provid-
ing for fund for the prosecution of any
one who might take his life, his mind was
clouded, and he did not have as clear an
idea of such matters as a man who was
wholly sane, but enough to be able to APP
preciate that the taking of a human life was
a crime.
Doctor. when this defendant stood up
to be married on the same day that viii
was signed, did he know what he was do
ing?" asked Mr.. jerome.
II don't think his mind was entirely
clear"
WAS it clear enough for him to under
stand he was getting married?"
Yes, he understood It,"
The prosecutor next took up the events
on the Madison Square Roof Garden the
night Thaw shot and killed Stanford White.
He asked the witness if the separate acts
of the defendent that night indicated in
sanity.
Indications of Insanity.
Idken In connection WIFI I'LL lidI has
been established here said DR.. Wagner,
they indicate to me that the defendant was
insane. He may have had automatic knowl-
edge as to firing the pistol and he may
have had sufficient intelligence to know
he was causing annoyance by blocking the
way to the elevator after the tragedy, but
these facts do not show he was sane.
Mr.. Jerome next asked DIR. Wagner:
nr,:p fp 10
condition be Influenced if you knew that he
had taken a large amount of liquor that
afternoon"
II would want to know how much he had
taken.''
Men who have been insane are still sus-
ceptble to liquor during lucid Intervals, are
they not? There is nothing in the disease
which would make them immune to the
effect of liquor, is there?''
Nothing that l know Of
No Sign of Intoxication.
rs there anything in the hypothetical
question that enables you to tell whether
the defendant was insane or drunk"
There is nothing whatever in the ques-
ton to indicate intoxication, much to indi-
cate insanity
Mr. Jerome then took up each of the
facts as gwen in the hypothetical question
and asked the witness If each one might
not have been the act of a sane man. DR..
Wagner said there was no act that might
not have been performed by sane man.
"A sane man can do anything he likes,
said the witness, provided he has the ca
pacity; an insane man is often impelled to
do things which he cannot help.
You mean an irresistible impulse?'
Yes"
THAT is all
Could Not Explain.
DR.. Wagner started to explain, but was
stopped by Mr.. Jerome repeating, THAT is
all, doctor"
Mr. Jerome had concluded his long cross
examination. He sat down, but in mo-
ment he was on his feet again, saying he,
had few more questions to ask.
You testified for the prosecution in the
Preusser case, didn't your
And the defense was insanity?'
Yes"
And in your opinion Preusser was sane
when he shot Myles Mcdonald"
But he had been drinking heavily"
Yes
was his face pallid when he killed Nc
Donald?'
II don't recall" '-1F .. -
You testified Preusser was sane. you
say?'
Yes
declared insane.
And he was declared insane?'
Yes, and sent to Mattewan. but he was
afterward released as sane. He went to
New Jersey, opened a brokerage office, and
was entrusted with large sums of money
Mr.. Jerome interrupted. F.,
Are you stating facts now or what
you read in the Newspapers ..... -.
Dr. Wagner admitted that he read OF
D,r,, &c rn1no ", t1,n -cY,cV
That is ALL said Mr.. Jerome, and this
time his Characterization was really
ended. $500.
Asked but One Question.
Mr.. Delmas asked but one question on
the redirect examination.
Doctor, after this long cross examina-
ton, do you desire in any way to change
your statement that in your opinion this
defendant when he shot Stanford White
did not know that his act was wrong?"
Not in any way answered DR.. Wagner.
Wagner.
That Is ALL said Mr.. Delmas.
What do you mean by wrong?' asked
Mr.. Jerome on recross-examination
Il mean that his mental condition was
such that he did not realize he was COM
hitting crime or that he was liable to
punishment for what he was doing.
One or two more questions relating to
DR.. Wagners testimony in the Preusser
case enOeQ the recfOSS-eXamlndtlOn
The luncheon recess was then taken.
Mrs. Thaw on the Stand.
Mrs. William Thaw was called to the
stand Immediately after court assembled
for the afternoon session. Clerk Penny
had called the roll of the jury, when Mr..
Delmas whispered to him and then in a
loud voice the clerk commanded:
Mrs William Thaw to the witness
stand"
Mrs. Thaw appeared from the witness
room a moment later She was still
dressed in the same black frock in which
she appeared the first day Of her sons
trial. With head erect and veil thrown
back over her head she walked to the
witness chair. She stopped at the corner
of the jury box and the court crier handed
her a copy of the Bible. Clerk Penny ad-
ministered the oath solemnly, and then,
as the defendants mother took her place
in the chair. the court crier announced:
Harriet Copley Thaw."
Harry Thaw was all interest He sat
facing his mother and seemed extremely
nervous. He rested his cheek on his hand
and then bit his nails.
Mrs. Thaw repeated her name in response
to a question by Mr.. DelmaS, speaking
in tone so low scarcely to be heard.