The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-02-06


orderly manner. that that man should
turn aside and fire three shots from a
revolver into q man who was sitting
az the table and TO whom he did not
speak; that this man then held the
pistol above his head and walked
quietly toward the elevator that ne
gave up the pistol without resistance
and did not make any attempt 10 es-
cape and that he said: He ruined my
wife and that he Immediately after
ward said 20 his wife: i have proba-
bly, saved your life I ask you. sir.
upon your judgment as an expert,
whether you are able 10 give an opin-
ion touching upon the sanity OF the
man who made that answer
Suffering From Insanity.
Il can" said Dr. Wiley.
win you express that opinion"
~ believe that that man"
You must not state a belief" inter-
rupted Mr.. Jerome. You must give
an opinion.
MY opinion" said d.. Wiley, lis
that the man who committed the act
described was suffering from insani-
ty"
The witness was asked to define he
reditary insanity. which he did. but
when question by Mr.. Gleason as 10
the influence Of hereditary insanity was
asked il was objected TO by Mr.. Je-
rome.
Dr. Wiley said that IN hereditary in
sanity the common blood would flow
through brothers, and therefore a cou-
sin. the son OF an uncle of the defend
ant might follow the same hereditary
influence.
Are you acquainted as YOU sit there
with the form OF insanity which the
law OF this state defines and excuses
for crime?" asked Mr.. jerome.
Not entirely"
Then your opinion upon the cues
ton you have answered was given as
Il scientific man. You had i'm mind the
various forms Of mental alteration
which scientific men meet together
ana discuss"
Yes. and from my own applica ton
81 the medical knowledge on the sub
ject."
Mr.. Jerome asked the witness If he
really considered himself ar expert.
Witness an Authority.
II feel that / have had experience"
bSgan the doctor.
That is not ,he point Are you an
expert? We don't know whether you
are or not"
Il think / am competent
Arc you an expert?" shouted Je-
rome.
Il am an authority" Mr. Wiley re-
After DR.. Wiley had said ne was an
authority. he was asked by Mr.. Je-
rome IL he was willing to go on record
before the world in this case as a
scientific man. after merely witnessing
Thaw's action on the street car in
Pittsburg. and from description of
his killing OF Stanford White, as saying
that Thaw was insane"
DR. Wiley replied with decision:
Asked by Mr.. Gleason il i'm his opin-
ion the defendant at the time of the
deed knew that it was wrong, the wit
ness replied:
Witness Tangled.
Yes" and started an explanation.
which was stopped quickly by Mr. Je-
rome and MI. Gleason, the former ot-
jecting 90 the explanation and the
latter endeavoring TO stop his witness.
When the question was again put to
him ne answered NO"
Or. Wiley explained that person
might know what he was doing and
yet be utterly in the control of on ir-
Ttsistible impulse.
IN Oiner WORDS. commented Mr..
Jerome I'VE have a sort OF volitional
Insanity"
THAT is possible. coupled with a
morbid impulse"
IAN act is morbid II 1t is insane?"
Yes"
And a man may know the azure
and quality OF his act, know that IL is
wrong and against the law, and yet be
swept away by an emotional impulse?"
Yes. by an impulse over which he
has no control
What evidence OF deluson was
there in the hypothetical question put
10 you by counsel for the defenss?'
asked Mr. Jerome
The witness started to answer.
Wait a moment" commanded the
district attorney. lets go over this
thing again. Give us the substance OF
the hypothetical question on which YOU
based so important an opinion in This
case"
Made an Admission.
In repeating the question the wit
ness inadvertently admitted that he
had taken into consideration his knowl-
edge of the case outside of the ques-
ton
Then you did not base your opinion
entirely upon the question:"
Not entirely. | based II on what I