The Birmingham age-herald., 1907-03-05
Afternoon Session.


 time.
 The luncheon recess was taken at thi7 period.
 Afternoon Session.
 pr. Wagner was called again to the stand when the afternoon session peeah' "I understood you to say this morn ing,' doctor. began MT. Jerome, mat you were not able to classfy the exact form of the defendants insanity
 That is true. It is difficult to ciass in- sanity in so short a time.
 "Jo1y long would it take you to reacn q. scientific conclusion in a case or h- sanity. .,.,
 That would vary with the patient
 "But it appeared perfectly plain and clear to you that this defendant was iu- sane the night he killed Stanford Wmte .I had no hesitation in reaching that conclusion" a MT Jerome read the hypothetlcal ques- ton asked the witness on direct eXeiiiiha- ton by Delmas, and pr. Wagner saiu from the facts as given from that dues- tion be had formed an opinion as to in sanity of the defendant, and stiil hao the same opinion. His opinion, he said had been formed entirely on the hypothetical question. and that he had eliminated rom his mind his personal examination or Thaw and his conversations Wlth Alh' so far as he was able.
 .Would the fact that an uncle or ''iiS defendant was of unsound mind have any influence on your opnion?' asked NIT. Jerome.
 Yes"
 Neurotic Condition.
 would you consider the knowleuge ol neurotic family history as only or Vaiue in case of toxic insanity, the result or Brights disease?
 .Yes. because of the fact that so many neople who have Bright's disease do not become insane. The neurosls III the iaiiiA' might be of importance A neurotic condition. the witness saiu' is of consequence but of small conse- ouence. It Is valuable and must be con sidered. but it is not of great value.
 Mir. Jerome took up each section or the hypothetical question separately anu asked pr. Wagner if each fact was ma terial in his consideration or the aues- ton and in his answer. St. Nlttus dahce' Dr. Wagner said, showed a neuratc con dition and the fact that rhaw had II was certainly of weight in arguing the ny pothetical question. He said, however II all portions of the question relating to childhood disease were eliminated rom inc question. his opinion would not be changed. Mr. Jerome thought pr. Wag- nor should familiarize himself with every mart of the long Hypothetical question: and so he gave him copy or IL to s'uuS' Meantime Justice Fitzgerald ordered twenty minutes recess
 At the conclusion of the recess MT Je- rome asked pr. Wagner If he had seen the hypothetical question before IL was framed to him on the stand by MT Del- mas. He said he had not
 nh1 right away?'
 Il did give an opinion.
 Mental Unsoundness.
 Did the defendants letter suggest in- sanity to your mind?
 Some of the letters were strongly ihul- cative of mental unsoundness.
 What form of unsoundness!
 "I cannot state positively by taking the letters by themselves. Some or theih lh- dicate the delusional state.
 Mir. Jerome next handed the witness copv of the letter which Thaw addressed to Anthony Comstock complalnlns or al legged "dens of vice." which he declared were maintained by White and "other rich scoundrels.' He asked what light this letter threw on the condition of tho writer.
 ..It is indicative of a delusional state" the witness replied.
 MT. Jerome next took the witness to the scene in Paris, where Evelyn Nesbit told her life story to Harry Thaw. The prosecutor read at length from the young womans testimony, and then asked II the witness thought the defendant was insane before or after he heard the story.
 You will observe," said MT, Jerome. that Thaw knew something of Stanford White. because before the girl had told him her story, he asked if her refusal was because of Stanford Whte. She said yes and told him the story.
 q am of the opinion" replied Dr. Wag- ner that the girls overpowefing story precipitated a state of mental unsound- ness.'
 Was the defendants condition after the telling of the story, such as to show YOU that he was then insane?'
 "I don't think so. It would feqture the other facts as well'
 Do you think he was instne before she told him the story
 That l cannot say.
 Does the fact that very sooh after the story was told him. he iraNelei with her as his mistress. make any inference lh