The Montgomery advertiser., 1907-03-06

ed to kill him. do these facts indicate nothing to you but brain storm.
 Waener Evades Question.
 Dr.. Wagner evaded the question. saying 1t assumed facts not in the evil dence He declared there was no evi- dence that Thaw regarded White as deadly enemy ''
 After the point of personal enmlty had been fixed to suit the witness, pr. Wagner said he did not think It was fair to answer on parts of facts With out including them all
 T want to find out whether tpe shooting itself was of such na- tura as to indicate insanity said Jerome.
 He then read again that part of the hypothetical question which described the killing and the events immediate ly preceding and following It. Now, doctor, take these facts and add to them the fact that the defendant knew that White had gravely and re- peatedly. wronged his wife and chat fhis was tho flrst time he had had an opportunity to approach White with out being observed, and tell me wheth- CT you think this defendant was suf- fering from a brain storm
 "Yes, I think he was"
 District Attorney Jerome asked Dr. " Ak uEt. dN0At FatAbttS AVA ttto VI tAt9e1AtT ' ity, including paranoia.
 "Dr Evans has testified that this defendant was suffering from par anoic form of adolescent insanity, z said MT. Jerome. Do you subscribe to that?"
 '.Paranoia." replied the witness, "may mean dozen different forms. Par anoia means weak in character, and that is all. It does not mean specifi- cally delusions of prosecutions :"
 "Do you think this defendant ever had deiusions of persecution?"
 rYes."
 The witness said that Thaw, when he saw him in the Tembs. had an. ab- normal flow of words
 Mir. Jerome asked if the ability of Thaw to spell correctly was of impor- tance as testifying that he had re centfy passed through brain storm.
 spelling Without vaIue.
 T don't know that that determined anything one way CT another replied Dr. Wagner.
 Dr. Wagner was questioned about the tests of the cranfal nerves and said he and pr. Evans came to the conclusion that Thaw did not suffer from general paresis
 Proceedings were interrupted at this point while Justice Fitzgerald went into the chambers. where he admitted Mrs. I.ottie Wallau, accused of the murder of her mother Mrs. Ida Binge. to bail in $5D.000 The judge was absent but a few minutes.
 pr. Wagner. when Justice Fftzger- aid had returned to the bench. testi- fed that the test of the prisoners s optic nerve had disclosed no paretic condition.
 The witness went into long explan- ation Of the nature of illusions, delu- sions and hallucinations of the taste and smell, which he followed with technical descriptions of nerves. ner- vous diseases and directions and the tests used in examining them. One of the diseases he mentioned had a name consisting of i've complicated Latin words which caused laugh in the court room and was too much even for the district attorney
 sIs 1t contagious?' asked Mir. Je- rome.
 The witness laughed with the others and said he did not think it was.
 "In all the evidence submitted to me and on which base my opinion said the witness, 'there was not the sIlwnteet surRestion of sepflepsy HiGs
 MT. Jerome pressed for an answer to the question if there was anything in Thaw,s actions on the night he shot Stanford White. Dr. Wagner said he Knew Of nothing necessarily suggesting epilepsy"
 At this point there began one. of the most spirited incidents of thetriaI with the district attorney. MT. Je- rome, Mir. Delmas, Justice Fitzgerald ana the witness all taking apart.
 Wi1neas Not Duclxing.
 Don't duck by using necessarily |" commented the district attorney.
 q am not ducklng.g replica Drl2