Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-02-28


indicated that he intended Ia call
Howard Nesbit To the witness stand to
contradict his sister. He asked " she
saw her brother after he return to
Europe in 1908. and II she did not
complain at that time that ThaW had
brutally treated her The witness re-
piled in the negative She denied tell
ing her brother that Thaw had tried
to induce her to tel lies about White
To the effect that the architect had
drugSed and seduced her. ana that she
told her brother that this story was
false. She said her brother had not
advised her to get revolver to pro-
iect herself from Thaw. and that she
did not buy revolver or give her
brother money to buy one for her.
DR.. Charles f. Bingham. of Pitts
burg, the Thaw family physician. was
the next witness. He testified as to
TlaW's condition in November, 1908.
winch he said was very nervous and
melancholy, and seemed much
changed from his former condition.
The witness also told of seeing the
prisoner in the Tombs SHORTY after
the shooting. At this latter time ha
had de!usons and was irrational. on
cross-eNamination. Jerome asked as to
the taint of insanity in the Thaw fam
Jection was sustained by the court.
Dr. Evans was then called for
cross examination. The district attor-
ney asked Dr. Evans what medical
colleges he had attended and then
asked him il he considered himself q
master of his profession. DR.. Evans
replied that he did not know what was
meant hy a master.
DO you know anyone who IL n
master of your profession ?" asked Mr..
Jerome.
|, IF YOU mean one who knows all
about IT. there are none such in law,
medicine or any other science" Pc
piled Or Evans.
Mr.. Jerome asked If it was not more
important for an expert on the stand
to be candid and dignified than to in
dulgc i'm sharp repartee. Mr.. Delmas
objected, and the objection was sus-
tanned.
Replying to a question by Mr.. Jer-
ONE, Dr. Evans said that unsyster1a-
tlzed delusions We're so numerous that
1t would taken an intermnable time
to describe them. The witness finally
described them as dclusions not de-
pending on focal delusinn DR.. Ev
ans said he did not believe Thaw was
demented today He further said he
dld not believe Thaw was ever de-
mented with his definition Of that
word. At this iuncture the court ad-
1ourned for the luncheon recess
Mr. Jerome resumed cross-exami-
nation of Or. Evans after recess.
When a man is dominated by an
insane deluSion.' said Mr.. Jerome
"are his acts logically related To- I'm,
delusons?"
They may be or may not be- In
mental explosion the delusicns
might lose their focus"
But would they not be logically
related to the focal deluson ."
'lnsaneIy logical, perhaps. this may
De SrEGosied by delusion. bu net
impeH-d by It"
IF person suffering fron an IN
sane deluSion believes he is Deing anr-
secuted, does he kill the person re-
sj'"sible for the persecution, or doas
nc XII some object of his affections
whom he does not believe Il perse-
cutting h!m?"
The person responsible for the per-
secution usually becomes the victim"
In meIanch0lia DR.. Evans said that
generally speaking, the persons suf-
ferinS from that form of insanity
seek self-destruction or the killing of
some person dear to him in order to
take them from world of suffer-
inc.
Mr. jerome questioned the witness
closely as to irresistible impulses. He
declared each case of Irresistible I'M
pulse had to be considered by itself
do you not know that the irresist-
lbie impulse to kill is not a form Of
insanity recognized by the statutes of
this state?" asked Jerome.
Delmas objected to this and was
sustained
jerome read portions of the do,-
tors testimony i'm another case IN
which he stated the stages of insanity
could be classed under the five grand
divisions. jerome took these divisions
up one at a time and asked him if
ThaW now or at any time suffered
from that particular class. Idiocy
imbectlity and dementia were dis
missed. When it came to melan-
cholia, DR., Evans said he was of the
opinion that at times Thaw suffered
from an insane condition of fhe min
which might be classed under the
grand division of melancholia
Have you an opinion as to his
present mental condition."
II have"
You have been in court here every
day."
Yes"
And you have talked with him
every day."
Practically yes"
You have carefully scrutinizod
him?"
Il have not"
Have you designedly refraine1
from doing so? ?"
Not desgnedly. | had no reason
for scrutinizng him. and was not re-
quested to do so. | have am opinion,
but II IS Inadequate"
THE question is, do YOU consider
Thaw demented today"
mo" replied DR.. Evans.
I'm your opinion. was he ever de-
mented / mean your own general
definition Of it?'
No"
"At what time did Thaw suffer from
insane melanchOlia ?"
You tried to get me to say 1t was
melanchola," replied DR.. Evans. but
it was in a melancholic state of mind.
IT was a depressed state, but not a
distinct or fixed form of melanchOlia.'
AT what time was he suffering" ?"
Il should say about the time of his
marriage and the making of his Will"
You believe then, that he was in
sane at the time of his marriage ?"
He was not mentally sound at that
| ltime--there was temporary abera-
ton"
BASED solely upon your examina-
tions and excluding everything else
do you thing he was suffering from
/ melancholia at any other time?"
Il believe 1T the time of the shoot
! ing and little before he was in a
! deDressed or melanchOlic condition.