Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-02-13

I
Mrs. Thaw to continue her story now
that expert witnesses have testified a.
to Thaws insanity prior to the ira
gedy. The defense has other alienists
however, who may be called to testify
Dr. Evans resumed the stand aftel
the midday recess.
Doctor" asked Mr.. Delmas. "as q
result of your eight visits to MIR. Thaw
did YOU form an opinion as to tho
then mental condition of Mr.. Thaw?'
yes"
WAS it based in part upon the ora
statements of Mr. Thaw during these
visits"
1t was in part
"Will you now state what that opin-
ion was?"
Mr.. Jerome objected upon the
ground that the visits occupied a long
space of time and therefore We're in
definite
The witness finally said as a result
Of his first three visits he formed an
opinion, and as the result of the last
five visits he formed another.
Were they based in part on oral
statements by the defendant"
Yes"
State those two opinions"
THAT is objected to-" Interrupted
Mr.. Jerome. "The two questions
should be separated"
"lf | ask the one question, will | be
allowed to ask the second?"
"Of course you can ask the ques-
tions," remarked the judge.
What was your opinion after the
first three visits as to the mental con-
dition of the defendant"
~ was then and am now firmly of
TT. L. l.
its, Harry X. Thaw was unsound in
mind because of diseased brain"
LAS a result of your observations
during the last five visits did YOU
form an opinion as to Mr.. Thaw's
mental condition."
81 did
"The stability of his mind was still
impaired, but seemed better than upon
the three former visits"
''Was that improvement stationary
or gradual"
"In my opinion il was gradual"
What in your opinion was the con-
dition of mind the result or SEQUEL
OFF"
81 am of the opinion that he was
from a positive disorder or
arrangement of mind as a result Of
hereditary predisposition. | am of the
opinion that there were additional eN-
citing causes in the order of stress,
strain ordeals of the mind which
formed a brain storm or mental eX-
plosion which left its traces behind
Dr.. Evans was here handed the let
ters written by Thaw and heretofore
introduced in evidence. The doctor
began perusal of the letters, which
were later to form one Of the bases
/, Il,
a forty minutes recess was taken.
DR.. Evans finished reading the let
ters at AIS y. m, having been an
hour and three-quarters at the task.
after reading these letters, have
YOU been able to form an opinion as
to the mental condition of the author
Mr.. Deymas.
81 have"
''Then, doctor, listen closely to what
| am about to ask you?"
Mr.. Demas then read from the
stenographic report Of yesterdays $
the Hypothetical question
covering the entire Nesbit-ThaW-
White story as it appears in the evil
dence and which was asked of DR..
Charles G. Wagner
Dr. Wagner. it will be recalled, gave
it as his opinion that Thaw was in
such mental condition at the time of
the tragedy that he did not know his
act was wrong.
When the hypothetical question was
Mr.. Delmas asked DR..
Evans:
II ask you to state on these facts
and that light of the letters you have
read what was the mental condition
= a.. l..Tr Aifatr
defendant is the young man whom
have described ?"
"The question is objected to- de-
rlared Mr.. Jerome, because of the
statement that a material uncle Of the
defendant was insane, The testimony
Is that the uncle was of unsound
mind"
Il will amend the question to have
it read unsound mind" said Mr.. Del
mas.
Il further object" said MIR. Jerome,
''on the ground that there is no evil
dence here that Thaw paid honor
able court to Miss Nesbit
81 will not split hairs, " said Mr.. Del
mas. and make it acquainted with
her"
Il am not splitting hairs" said Mr..
Jerome, with some irritation.
81 did not say you were; L said l
would not" said Mr.. Delmas.
Mr.. Jerome further objected to the
question on the ground that it re-
ferred to the fact that a serious if not
capital operation" was performed on
Miss Nesbit.
"It is called severe If not capi-
tai operation. 1t was an ordinary
operation for appendicitis -" began
Mr.. Jerome.
Il object" broke in Mr.. Delmas,
"the record does not show such evil
dence."
Every question has been put to this
continued Mr.. Jerome, rails
ing his voice, ito instill into his mind
and into the MINDS of the jury that
this operation is what is known as a
operation. as that is usually
81 your honor" cried Mr. Delmas,
81 take exception to these remarks
and wish the exception noted on the
record and | wish it noted on grounds
of misconduct of the district attor-
ney."
ITO any normal mind" continued
Mr.. Jerome, "the impression that
would be carried by these statements
is that the operation was of crimi-
nal nature. If they win exclude such
an operation as this / am willing to
let the question GO Their very un-
to do this Is in itself proof
that they desire to make that impress
sion on the witness"
"You did not object to this question
said Mr. Delmas.
No, yesterday l did not realize
what II meant"
"If YOU will give me the word of the
defendants counsel" continued Mr.
Jerome, that they do not know the
character of this operation, am will
ing to let II GO"
II give my word I don't know"
replied Mr.. Delmas.
81 didn't say you, | said defend
ants counsel / vii give you time TO
consult your associates
sI don't care 70 do thatu reDlied