The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-02-05

be right but their premises may be
a Wordy Clash
This line Of questioning soon led to
a wordy clash between attorney ana
witness in which Mr. Jerome interrupt
ed the wftress' replies with a loudly ex-
claimed:
Did ask you that? Did 1? Answer
me-
No witness confessed.
Upon what in the Hypothetical ques-
ton did you base your conclusion as to
by the fact that the man. sitting
with a party. suddenly arose and with
out provOca tiOn-'
rs there anything in the question
about provocation?" Jerome interpos-
ed
No" Dr. Wiley replied with show
Of feeling
1T was the manner of the man. the
witness went on and the fact that he
raised his hand in a peculiar way
Stop, Shouted Mr. Jerome angr1ly.
rs there anything in the question about
peculiarity?" p"
The witness hesitated. then admitted
there was not
He again took up the line of his de-
ductions of hypothetical question
The remark to his wife, 7 have pro-
baby saved your life was another
reason for the conclusion
Did 1t not occur 10 you that after
firing three bullets into the body of
aloft to indicate that his deed was done,
that there was to be no further killing
and that he wanted to avert a panic or
this roof garden where there were hun
dreds of women and children -
That entered into the calculation
Did motive have no bearing2''
Yes, read in the papers and de-
stop Did the question of motive
make SO light an impression in your
mind that when you come here to tes-
tify as a scientific man you want TO i'm
port into tEe case what you read in the
newsDa pers?
Witness Is stu1nped-
The witness was silent
Did not this man raise his hand
and his revolver 10 indicate that there
was to be no further killing
Possibly. but as 1 was saying
"Wiu you please refrain from vol
unteering information for which I do
not ask2" corrected Mr.. Jerome
Answer my question and nothing
else I have had to ask this many
times and don't want to have TO do it
when did you get here2' asked
Mr.. Jerome
ednesday-'s
And you talked with COUNSEL"
Yes, about the case.
About the hypothetical question -
The witness fairly shouted the an
swer. He also flushed angriIy.
Thaw sat apparently unperturbed
throughout the grilIing Of the witness
by the district attorney He kept his
head bowed as he made notes on
sheets of paper lifting his eyes now
and then 70 look at Dr. Wiley.
rs not jealous rage the dominant
element in the mind of every man who
kills from jealousy - asked Mr.
Jerome
There may be other clements,
stop that volunteering and answer
my question. Tell US some more of
your conclusions from the hypotheti-
cal question" he requested.
ssThe time, the manner and the
place chosen
so. shouted the district attorney.
you think the place was chosen for
No Ny argument is that it was
not chosen
Il don't want your argument: keep
it out of this What is your opinion
was the place chosen2''
No
Insists on Insanity.
Now. as to manner-do YOU think
that because this man with malice and
hatred of the man he saw on the roof
garden walked over to him and fired
revolver held so close that the face
was burned by the powder-do you
think that was an act OF insanity
Yes"
lnen the kI1tlIlE OF any person IN
a jealous rage is per Sc, an act of in
sanity?''
Yes"
Mr. Jerome took the witness over
every incident of the night Of the trag-
edy and asked him if in each case he
Thaw'S acts were those of an
insane man. The witness finally sum.
med up his answers as follows:
Taken alone, they do not impress
me so; but taken together, they do"
we have gone over the entire case"
said Mr. Jerome Now tell me did
you arrive at your opinion that he was
insane from the facts of that night
aIone2'
After a discussion relating to merits
of opinions and impressions during
which he was again taken to task by
the district attorney. DR.. Wiley said
the occurrences OF the night of the
tragedy had not wholly eonvfn yad him
He then was asked if his opinion as
to the insanity of the prisoner was baS-
ed on the occurrences on the roof gar
den. DIR. Wiley answering that it was.
And after reading the newspa-
persH" suggested the district attorney.
The witness hesitated-
Continued on Page Six-)