The Montgomery advertiser., 1907-03-05
Or. EDans's Cross Examination
 Is Concluded by Mr. Jerome.

go down some time. you might as well take me down the elevator now. don't want to cause any anoyanceT
 "As to whether the man was sane pr insane replied Dr. Evans, "the re- mark conveys nothing. It may simply have meant that there was a crowd at the elevator and hc did not want to annoy anybody by obstructing the way"
 Insane Appreciation.
 Tn the moments immediately follow ing the shooting of White" the witness said. 'Thaw might have had an insane appreciation of all the incidents"
 There was" said Dr. Evans, "noth- ing in the evidence to show that Thaw knew he had been arrested for killing White and tho only thing tending to show he did not know 1t was his state ment that 1t was an act of Providence
 But that was subsequently, said MT. Jerome. I'm asking for the con- dition of his mind that night In most cases where insane persons kill, when not in a maniacal condition. do they usually possess enough intelligence to know these things?"
 Sometimes, not always"
 When he was on the elevator did he know what he had done?'
 There had been by that time re- organization of his mental forces and by that time he knew that he had done something"
 ''Therefore if there had been a brain storm he had recovered in this short time sufficiently to know what he had doneT
 The witness believed that in the brain storm the defendant had an in- sane knowledge of what he did-not the knowledge of sound mind. The sane man reasons in logical manner, the insane in an illogical manner, a1- though reason was dethroned, the witt ness, said the defendant, had an in- sane knowledge that he was attacking White
 The New York law is explicit on the subject of insanity as defense in crfm- inal cases. It provides that the person committing the crime must be so fn- sane as not to know the nature or quality of the act or to know that the act is wrong"
 pr. Evans, in explaining his answer, declared that if Thaw had been walk ing in a delirium following a fever he would unconsciously have been direct ed in the way he took, for his mind was so saturated with the one idea of his wife's ruin. MT. Jerome question: ed the witness again as to what the light was thrown by Thaw's declaration on the elevator. 'I did 1t because he ruined my wife" and Dr. Evans re- piled that the defendant evidently knew something had been done and the something had to do with the running of his wife.
 He realized that something of im- portance had transpired.
 Dr. Evans also said that he thought Thaw realized that he was under ar- rest when he asked that his wife be taken to a hotel ars that George Car negie. his brother-in-Iaw be sent for.
 The witness declared the fact that the defendant did not ask why he was under arrest conveyed no light as to his mental condition.
 Thaw Busy With Letters.
 Thaw was paying absolutely no at- tention to Dr. Evans all this while. but busied himself with reading the letters he had received this morning. As usual, he made notes on each letter. after finishing its perusal.
 Dr. Evans was unable to understand the exact relative position of Thaw and White before and at the time of the shooting. so MT. Jerome acted the scene out for him.
 well. we'll imagine Mir. Delmas is the victim he said, turning suddenly on the California attorney. MT. Delmas lodged and the judge and the jury laughed MT. Jerome explained with many gestures and described Thaw's passage down the roof garden. his turning to the left and walking twen- ty-fve feet to the table where White sat with his head resting on his hand. Then" said MT. Jerome, "he turned deliberately and calmly and shot Stan ford White dead. Does that fact show that he knew what he was doing"
 'No" rerlied Dr. Evans, This calm ness does not show he knew, but might indicate that perhaps he did"
 Why. then, did he go out of his way as he did?"
 q have no means of knowing whether his motive was sane or in- sane"
 Did he know he was approaching White?"
 q can't tell. but it is reasonable to believe he did
 When he walked down to the table calmly and turned quietly. does that show anythng?"
 "It seems to me it shows he was act ing in an abnormal manner"
 Would the fact that Thaw and his party each had a cocktail and several bottles of champagne shortly before, have any influence on the affair.""
 Not directly. If it had. each of the four would have shot some one"