The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-06

anu lilfti t4it POiltG CplIlIIllSSlOl tOuiu De
his neck in a loop he made in the tie
until he was choked to DEATH"
Have you ever known a person to
commit an act of homicide in a brain
storm by going about it with calmness
and coolness?''
There are no two cases of insanity,
or even of sanity for that matter, which
are exactly similar"
Since you will not answer my question
directly, am | right in assuming that
you have never observed a case of brain
storm or mental illumination in which the
person committed acts of violence with
calmness?"
Il prefer TO answer as I have. Cool
ness and deliberations does not always
fit every case / have known
"You could not tell what was going on
| in the defendants brain except what
was apparent to the eye. could you?"
mo"
Now, was there any single thing in
the hypothetical question indicative of
brain Storm
Reads Hypothetical Question.
Il can't tear the hypothetical question
to pieces that way"
Then | will tear 1t to pieces for YOU"
said Mr. Jerome. The district attorney
ton, and asked If they individually sug-
gested a brainstorm. Dr. Wagner said
that taken collectively the facts indicated
| a mental fulmination-an extraordinary
state of mind.
''fhe fact that this man was his deadly
enemy" continued Mr.. Jerome 1.-THE fact
| that he was helpless to defend himself in
view of the manner in which the defen-
dant approached him: the fact that 1t was
this 1pfpndant'g pnnOrtnnitV kill
with impunity the man Who he believed
was armed to kill him, do these facts in
dictate nothing to you but brainstorm?'
DIR. Wagner evaded the question, saying
1t assumed facts not in the evidence. He
declared there was no evidence that
Thaw regarded White as deadly
enemy"
After the point of personal enmty had
been fixed to suit the witness, DR.. Wag-
ner said he did not think it was fair to
ask him to answer on parts of facts with
out including them all.
II want to find out whether the shoot
ing itself was of such nature as to in
dictate insanity" said Jerome.
He then read again that part of the
hypothetical question which described the
killing and the events Immediately pre-
ceding and following it.
Nov, doctor, take the facts and add
to them the fact that the defendant knew
| White had gravely and repeatedly
wronged his wife, and that this was the
first time he had had an opportunity to
approach White without being observed,
and tell me whether you think this defen-
! dant was suffering from a brainstorm."
Yes, l think he was"
District Attorney jerome asked DIR.
Wagner about various forms of insanity.
including paranoa.
Describes Paranoia.
"Dr Evans has testified that this de-
PENDANT was suffering from a paranoic
form of adoleseent insanity said Mr..
Jerome do you subscribe to that"
"Paranola," replied the Witness may
mean a dozen different forms. Paranoia
means weak in character, and that is
all. 1t does not mean specifically delu-
slons of prosecutions"
do you think this defendant ever had
decisions of persecution
Yes"
The witness said that Thaw, when he
saw him In the Tombs, had an abnormal
flow of words.
Mr. Jerome asked if the ability of Thaw
to smell correctly was of Importance as
testifying that he had recently passed
through a branstorm.
II don't know that that determined
anything one way or another replied DR..
Wagner.
Not Paresis.
DR.. Wagner was questioned about the
tests of the cranial nerves and said he
and DR.. 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
Lottie Wallau, accused of the murder of
her mother, Mrs Ida Binge. to bail in
$4,000 The judge was absent but "a few
minutes.
DIR. Wagner, when Justice Fitzgerald
had returned to the bench. testified that
the test of the prisoners optic nerve had
disclosed no paretic condition.
The witness went into a long explana-
ton of Illusions. delusions and halucina-
tons of the taste and smell, which he
followed with technical descriptions of
nerves, nervous diseases and affections
and the tests used in examining them.
One of the diseases he mentioned had a
name consisting of five complicated let-in
words. which caused a laugh in the court
room. and was too much even for the dis
| trict attorney.
lis it contagious" asked Mr. Jerome
| The witness laughed with the others
and said he did not thiall it was,
Spirited Incident
In all the evidence submitted to me
! and on which | based my opinion" salt
! the witness" there was not the slightes
suggestion of epilepsy
| MIR. Jerome pressed for AN answer tC
the question il there was anything ii
Thaw's actions ON the night he shot Stan
| ford White. DIR. Wagner said he knew OF
nothing necessarily" suggesting epilepsy
~.