The Washington times., 1907-02-11

the defendant was OF unsound mind,
Why do we now hear of evidence which
lands 70 show the defense is self-de-
Tense said Jerome.
Mr.. Delmas argued that: 1T is not
sufficient In establishing a plea Of self
defense that the deceased made threats.
1t is necessary also to show that these
threats were communicated 90 the de-
PENDANT. The testimony we now seek is
admissible as showing the basis for the
defendants condition OF mind
Justice Fitzgerald said that dis
tinctiun ought TO be made between a
reasonable fear of danger actuating a
person 70 act IN self-defense and the
Year which springs from an insane de-
fusion of danger.
What we contend" said Mr.. Delmas.
zig that the defendant argued thus II
we showed the defendant said, 4
heard certain statements which ] be-
Iieve to be true and they put me in such
a frame of mind that when l saw the
deceased ut the time Of this act 1 felt
justified in avaIling myself of the risht
Of self-defense and Justification
Suppose "a man who had not been ac-
CUstOmed 20 carry weapons had heard
threats and inc came home and told mis-
wife; I have just learned that So-and-
So has threatened TO shoot me before
daylight. would We not be allowed 10
addUce the testimony of that wife?
Am / To understand that man
charged with murder cannot say. / was
of unsOund mind, and also awaited my
self Of the right of self-delenScE' asked
Dclmas
Il an offering this testimony for what
81 Is worth. If Il was an insane delu-
sion that Mr. White threatened, We are
entitled to IL il we started out with the
proposition that the defendant was OF
unsOund mind; II on the other hand II was
Eell-fOundCd we are entitled To prove II
as showing the defendant acted in SELF
defense"
Another Objection Sustained.
Own you state if Mr.. Thaw told
YOU about being followed by malcfdc-
tors who were seeking his life?
Objected 10 and sustained
o.-Did you ever see a pistol in Mr..
Thaw's possession;
Ayes.
Q.-WEen. FOR the first time?
Alt was after Christmas eve, 1896.
I don't remember the exact date.
O-Do YOU know whether NIr. Thaw
carried that except in New York?
A-NO. He never carried ii except in
New York.
Q.-How long have you known Miss
May Mackenzie
A.-Snce 1890.
Odd YOU ever state anything tC
DIR. Thaw with reference 10 visit q
Miss Mackenzie when she was III in
hospital. and when Stanford White was
present.
Ayes.
Q.-What did you tell him.
objected 20 on the ground that IL Wa:
cumulative evidence of a character al
ready given
I'VE have tried 90 prove the UnsOund
ness Of this defendant I'm the only man
ner we know Of" said Mr.. Delmas. Wv,
have tried to show il by looks. actions
and declarations, and We are placed II
the unfortunate position of being aske'
TO prove he is of unSOund mind an'
then the evidence OF the fact VIII no
be permitted
do ] understand counsel to say tina
the defendant was OF unSound mine
only at the time of the killing dske'
"Thc willing ears Of the learned dis
trict attorney may nave made him hea
50" replied Delmas, but L never dI'
say So
Objection was sustained
Then. asked Mr. Delmas, II an
prohibited from asking this witness an
further questions relating 10 declalii
lions or occurrences that might nav
beer productive of the defendants stat
OF mlrd2'
procaede With Examination.