The San Francisco call., 1907-02-12
Announces End of
Hearing Already
in Sight

Continued from Page 3, Column Z.
Did YOU ever hear Mr.. Thaw refer
TO statements he made to the Society
Tor the Protection OF Children and Tor
the Suppression Of Vice?"
Mrs Thaw was not allowed TO an
swer
Then Delmas announced that as the
courts ruling prevented him from go
ing further into these matters because
of q lack of preliminary foundation he
would ask leave to withdraw the Wlt-
ness for the time being and proceed
along other lines, reserving the rlgnt
10 recall Mrs. Thaw later.
He probably will attempt to lay the
required foundation as to the insanity
iof the defendant by the Introduction OF
lthe testimony of alienists who nave
been constantly in attendance since the
trial opened
The Judges ruling today followed
that Of Friday. when. on, Mr.. Jerome
objections. he held that in case OF
this sort Il must be shown that there
IS a reasonable doubt as TO the mental
soundness Of the defendant a [ the time
Of an occurrence before cumulative evi-
fdence as to the cause of any unsound-
ness Of mind may be introduced
ALIENIsT is CALLED
when the afternoon session began
Mr.. Delmas proceeded with the intro
duction of medical testimony as to
Thaw's condition Of mind, calling first
TO the stand DR.. Charles Wagner.
Dr. Wagner said:
on the first visit 10 Thaw IN the Tombs !
tai Iked with him. but did not make thorough
eren,ins tion I observed that he was suspicious.
re+icenf and spprehensive He fearful
I thar ne would he declared insane After a
general conversation / made arrangement for
frfr z-fSf WI
ton on September 70 I went 10 the Tombs
WITH Or Evans Of the Insane Hospital at Nor
ris Plains. X J.. for the purpose OF making
Wis., aid voT observe on the second visit?
Mr. Thsw was brought in and we had just
stated the object of our visit when Mr.. Thaw
turned abruptly and left the room. notwith
standing that II understood plainly before
hand that were there te examine him.
Justice Fitzgerald. on motion of Dis
trict Attorney Jerome, ordered that all
of the answer after the words room"
ETC. be stricken out
Mr. Jerome admonished the witness
that no conversations were wanted and
the court directed him TO relate only
what he observed
Tell us what you observed" said
Mr.. Delmas.
He abruptly left the room"
Did you observe anything else2
Yes, I observed more, but it was all
IN his conversation"
Mr.. Delmas and Mr.. Jerome had a
long argument on the law covering the
matter of expert testimony.
Mr.. Delmas argued that the declara-
tion by Thaw tended to show his state
Of mind at the time the action COM
planned Of was committed, but all he
desired from the witness now upon the
stand was an opinion as to the defend
ants condition at the time of the ex
animation in September He would
L =
25. 1906.
JEROME RAISES POINT
District Attorney Jerome argued that
the mental condition of Thaw at the
time of the examination was not ma
terial The only thing that was COM
petent he said was testimony TO show
Thaws mental condition at the time of
the shooting and at the time when his
wife told him the stories which the de-
fense claim unhinged his mind.
Mr. Delmas asked Mr.. Wagner to go
over the details of his second visit and
give the conversations. Mr.. Jerome OBJ
5ected and was sustained.
When did you make your next visit to the
prisonerf'' asked Mr.. Delmas.
/ think II September D.
State what examination you made:
The examination consisted of certain questions
You must not give conversations" said JUS
tice Fitzgerald.
Was there anything else2
Yes.
wait moment doctor Were those ques-
tions necessary TO ascertain the mental condi-
tion Of the defendant
Yes. sir.
Please state what those conditions
District Attorney Jerome objected and was
sustained.
Did these questions and answers refer to the
defendants past state Of mind or his condition
at the time Of the examinatiOnl
Both.
Can you separate the questions and answers
between past events and his condition at the
time Of the examination
To certain extent. Frs.
Please state the questions and answers TO
his condition ar the time Of the examination.
Mr. jerome objected and sustained
Well. doctor. what did you observe what
did You dos
We took Mr. Thsw 10 where the light was
strong He watched us closely and would not
be placed in such position where he could
not have bOth Or. Evans and myself under his
eye al the time. We asked him questions
10 his life. history etc.
What were your scientific deductions TO
the mans minds
Mr.. Jerome objected. saying the examination
had not gone FAR enough for that.
You put 10 him certain questions and received
certain answers. that aIl2
As ] remember if that was all.
When did You next examine Thaw7
September p.
What did 81 consist Of