Albuquerque morning journal., 1907-02-12

state OF mind at the time the action
complained of was committed. but all
he desired from the witness now upoi.
the stand was an opinion as To the
defendants condition at the time OF
his examination in September He
would ultimately show his condition
on June -. 1906.
Several authorities were quoted
from.
District Attorney Jerome argued
that the mental condition of Thaw at
the time of the examination was not
material. The only thing that was
comnetent he said, was testimony Ia
show Thaw's mental condition at the
time of the shooting. and at the time
when his wife told him the stories
swhich the defense claimed unhinged
his Iind.
Mr.. Delmas asked DR.. Wagner t.
go over the details Of his second visit
ana give the conversation. Mr.. Jer-
ONE objected and was sustained.
Nhen did YOU make your next ViSi,
to the prisoner?' asked Mr. Delmas
II think it was on September %.
state what examination you
made"
The examination consisted of Ger.
tain questions ! asked him. and his
answers to them"
You must not give conversations
said Justice Fitzgerald
We'll, doctor, what did YOU oh
serve, or what did YOU do"
we took Mr. Thaw to where the
light was strong. He watched MS
closely, and would not be placed in
such position where he could not
have both Dr.. Evans and mvself un.
der his eve all the time. We asked
him certain questions as to his life
history. etc"
Nhat were your scientific deduc,
tions as to the mans mind?"
Mr. Jerome objected. saying the ex-
animation had not gone far enough
for that, and he was sustained.
You put to him certain questions
and received certain answers. was
that ALL"
As | remember it, that was all"
-, When did you next examine
The next examination was on Sep
temher ~ and was in nartsa contin-
uation of the previous one. DR.. Evans
ana ! then took up the physical ex-
animation"
What did it consist OFF"
The color Of the hair. the general
contour of the head the expression of
the eye, the condition of the heart. the
refleNes and the state of pulse. The
matter was carried on In much detail.
AT the end of an hour the patient wa,
Exhausted md we deferred further eX-
When was the next examination p"
on October 3 We went over
some of the ground of the former
physical examination and also went
MO the history of the case and the
amily history. This examination also
asted over an hour. The final ex.
animation was made October s. w.
'eviewed the proceedings of previous
examinations and went into the his
.ir GrS y n or h the case in m2re de5ta ThSj
lasted for an hour and a
lalf."
,.na.,a,, f,on, ronr examinaHons
Turing SIX visits could YOU form an
,ninion of the mental condition Of
Mr. Thaw?"
Yes"
Did it enable you to form an opin-
on of his mental condition on
Iune 25?"
Yes"
What was that opinion?"
AT that point Mr. Jerome inter- .
'upted to ask a few questions
Doctor, your opinion" he said, lis !
based partly on what you observed
md partly on hearsay and the FAM
ly history, is it not? Your opinion
Is to THaw's sanity is in part based |
IN matters not In evidence, is It not?' |
Yes"
"As a matter of fact then. doctor !
you could not state an opinion after
excluding the hearsay facts that were
stated to you as to this mans his
DRY. etc."
ono. sir"
Then | submit, your honor" began
he district attorney; but he was in
.errupted by Mr.. Delmas, who said
ne would withdraw the question and
frame a Hypothetical one.
As a basis for a portion Of his ques-
ion, Mr., Delmas first handed DR.
Wagner all the letters written by Har-
~ Thaw which have been submitted
n evidence.
Have you ever seen these before?"
asked Mr. Delmas.
Some of them | have examined,
and others | have heard read in
court" said Dr.. Wagner.
" was deemed pest py poth MI
Delnlas ana MT. Jerome that me VII
ness Shouid feIreSh ms memory ny
readlhg an the leiters' me doctor
ana So ana much tline was mus con-
'umed' Dt Naghers examination oi
.he letters required more than nan
hour
faVe you examined these letters
with view TO thelr tendency TO snow
the mental condition OF thelr au'
thorE asked Mr., Delmas'
have;
Mr., Delmas then proceeded with
his hypothetical question
II will assume. Doctor" he began.
,tt1,at tha outhnr ,f t,apa Iatta,e an