Omaha daily bee., 1907-03-05

hrh. - Lsncstosri-.A cSAgtst sHuo,osstNT,I |
The Shine
THAT GOES TWICE as FAR
A--------------u-----s.. |
storm he had recovered In this short time /
sufficiently to know what he had done7"
THAT is one of the characteristics of a
brain storm but cannot say whether or
not he knew at the time what he had
done"
what He Knew.
The witness believed that in the brain
storm the defendant had an insane knowi-
edge Of what he did-not the knowledge of
a sound mind. The sane man reasons in
logical manner; the insane man in an
illogical manner. Although reason was de-
throned. the witness said, the defendant
had an insane knowledge that he was at
lacking White.
The New York law is explicit on the
subject OF insanity as a defense in criminal
cases. 1t provides that the person com
hitting the crime must be so insane as
not to know the nature or quality of the
act. or to know that the act Is wrong"
DR.. Evans in explaining his answer. de-
cIared that II Thaw had been walking in
a deIirium following a fever he would I'M
consciously have been directed in the way
he took, for his mind was so satiated with
the one idea of his wife's ruin.
Mr. Jerome questioned the witness again
as to what light was thrown on Thaw's
declaration in the elevator, II did il be-
cause he ruined my wife" and DR. Evans
replied that the defendant evidently knew
something had been done and that the
hoA 70 40 milf he r,,s,t -
his wife. He realized that something OF
Importance had transpired. DR.. Evans also
said that Taw realized that he was under
arrest when he asked that his wife be
taken to a hotel and that George Carnegie
his brother-in-law, 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.
Scene Re-Enacted.
Thaw was paying absolutely no attention
to DR.. Evans all this while. but busied
himself with reading the letters he had re-
ceived this morning. AS usual he made
notes on each letter after finishing its
perusal.
DR.. Evans was unable to understand the
exact relative positions of Thaw and White
Mr.. jerome acted the scene out for him.
I'VE will imagine Mr.. Demas is the vic
TIM" he said. turning suddenly on the
California attorney.
Mr.. Delmas lodged and the judge and
jury laughed. Mr. Jerome explained with
many gestures and described Thaw's pas
sage down the roof garden, his turning to
the left and walking twenty-five feet to
the table where White sat with his head
resting on his hand. Then, said Mr.. Je-
rome, "he turned, deliberately and calmly.
and shot Stanford White dead. Does that
fact show that he knew what he was doing?
DIR. Wagner ON the stand.
In course of his conversation MIR.
Jerome next took DR.. Wagner 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 asked If the witness
thought the defendant was insane before
or after he heard the story.
"You will observe" said Mr.. Jerome
shat Thaw knew something of Stanford
White, because before the girl had tod
him her story he asked her If her refusal
was because Of Stanford White. She
said yes and told him the story"
II am of the opinion" replied Or. Wag-
ner, that the girls empowering story
precipitated a state of mental unsouhd-
ness"
was the defendants condition after the
telling of the story such as to show that
he was then insane?"
81 don't think So"
do you think he was insane before
/ she told him the story?"
| THAT / cannot say"
|
| said the eighth article of the document
! showed a delusionary state of mind. while
! the codicil was so unusual to lead 10
the belief that sane man would not have
written it,
DIR. Wagner said the effect of an heredi
tary faint was not a matter of physical
determination. but simply made the sub
ject "a little more susceptible" lie de-
clared that Thaw had an hereditary pre-
disposition to mental disorders.
II would say" said the alienist, "that
all these contributions of hereditary neu-
rosis made this defendant a little more
I liable to a mental break down"
Now, doctor, when this defendant went
to the roof garden on the night of June
! 20, with a pistol in his pocket did he
know what that pistol was?''
Eyes, l think he did"
when he walked toward White. turned
down the aisle. wheeled calmly and Aired
the three shots, do you think he knew
| what he was doing?"
II think he had knowledge of what hi
was doing. but 1t was not a rationa
knowledge"
Climax of Brain storm.
"what effect did his seeing STANFORD
| White have?'
81 imagine IL began to have a strong ef
feet Immediately reaching a climax whicl
has very exeellently been described here a.
brain storm. He probably realized tina
ne was pulling and firing pistol, but h.
did not have a same appreciation that h
was committing a homicide"
but he knew he was firing at stanfor'
Winter"
Yes"
DIR. Wagner said that in his opinion ThaV
was OF unsound mind when he fired tn
shots. and this was supported by the dra
matte effects with which the act was &C
companied.
Isn't 1t true" asked Mr.. Jerome. tina
men under the influence Of liquor Oftei
kill In this dramatic manner7"|
Sometimes"
Toron,a a.l..a g. % -