Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-03-05

and jury laughed. Mr.. Jerome explain
ed with many gestures and described
Thaw'S passage down the roof garden
his turning to the left and walking %
feet to the table where White sat with
his head in his hands
Then he turned deliberately and
calmly shot Stanford White dead
| Does the fact show that he knew what
he was doing?"
| NO. replied Mr.. Evans, his calm
ness Goes not show he knew but might
Indicate that perhaps he did,
! would the fact that Thaw and his
party each had a cocktail and several
bottles of champagne shortly before,
have any influence on the affair.""
| Not directly. If it had, each one
of the four would have snot someone"
When Thaw told the policeman that
he shot White and in reply to the po-
liceman's statement that he must go to
the station house, he said all right
did he know What he was doing and
what he had donc?"
by that time, / think there had
| been reimbursement of his mental
processes and thar he knew that STAN
ford White had been shot and that he
did it."
Does the fact that Thaw told you
| in the Tombs that he had not wanted
| to kill White but had tried to have him
| punished by law, show that he realized
what the law was and that some acts
are prohibited by law?''
AT that time. yes replied Dr. Ev-
ans.
You believe Thaw had sufficient in
Itelligence to know thato"
4 can't accept intelligence in the
sense you use it,, replied the witness,
as applying in cases Of unsound mind.
A man may be both cultured and in
telligent and still be insane"
Are insane persons deferred by fear
of punishment" asked Mr.. Jerome.
"A great many are
THAT is ALL
Mr.. Jerome'S long cross-eXam inati ton
was concluded. He had said on Fri
day last he would have only a few
questions to ask DR.. Evans today as
to his opinion of certain authorities on
mental disease hut he did not touch
upon that subject at all.
Mr.. Delmas was about to begin his
Redirect examination of Dr. Evans
when he asked the witness if he had
| certain papers in his possession. DR..
Evans said he had not. 1t was agreed
| then that he would be temporarily ex-
cused and Or. Charles G. Wagner. So
perintendent of the State hospital for
the insane at Binghamton. N Y, was
recalled for DISCRIMINATION.
DR.. Wagner was with DR.. Evans On
most of the latters visits to Thaw in
| the Tombs.
DR.. Wagner" said Mr.. Jerome, "Will
you kindly describe in as few words
as possible the kind of insanity from
which this defendant was suffering the
night he shot and killed White?"
81 would say said DIR. Wagner.
chat it was one of the insanities of
| adolescence; that it was not developed
sufficiently to permit of a definite char
acteriZation. There are symptoms lead
ing to various forms of insanity, in
Guiding dementia praecox."
Mr.. Jerome asked the doctor about
his visits to Thaw in the Tombs and
he said that so far as he remembered
DIR. Evans had left no incidents of
these visits untold. Then Mr.. Jerome
took up the subject of medical writers
and DR.. Wagner said that while he did
not know of one work which he would
| take as authority absolutely without
qualifications, at the same time he
knew of none who wrote on insanity
| whose work was not entitled to respect.
DIR. Wagner named three or four
writer's whose works he read, and were
of value. He was closely questioned re-
garding the class in which these au
| thofs would place Thaw's insanity. He
declared he could not answer for them.
what is your opinion Of the writ
lngs of Allan McLane Hamilton"
| asked Mr.. Jerome.
Witness declined to answer and Mr.
Jerome appealed to the court. Justice
Fitzgerald on Friday last had not re-
| uured DR.. Evans to answer this same
| question. He said today he would rule
| the same way Justice Fitzgerald here
read Il statement he had prepared over
| Sunday and in which he upheld his
right to exclude from the record any
| thing which might be construed as
prejudicial error.
Mr.. Jerome then asked the witness:
"What kind of insanity is it this de-
PENDANT haSor had?"
| In replying Dr. Wagner created
| something of a stir by using the pres
ent tense.
I'm my opinion" he said, this man
| has symptoms allied to a Oppressive
form of insanity and others allied to
| dementia praecoX.
Whether DR.. Wagner used the pres
ent tense Intentionally or not, did not
Develop for the point was not caught
up by any of the attorneys. Mr.. Jerome.
however, in a loud voice repeated the
doctors answer by beginning.
"Then you say. doctor. that this man
is suffering from symptoms allied to
1.-TWO forms of insanity"
Doctor Wagner listened intently and
replied: yes"
DR.. Wagner then repeated the story
THAT Thaw told him in the Tombs to the
effect that he had not wanted to kill
White. but that Providence had stepped
in and that it was probably for the
best, for if White had been sent to
prison he would perhaps have succeed
ed in getting out and would have re-
sumed his course.
The luncheon recess was taken al