The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-04

There was" said Dr. Evans, nothing
in the evidence to show that Thaw
knew he had been arrested for killing
White and the only thing tending to
show he did know it was his statement
that it was an act of Providence"
But that was subsequently,, said
Mr.. Jerome, I'm asking for the con-
ditiOn of his mind that night. In most
| cases where insane persons kill, while
not in a maniacal condition. do they
usually possess enough Intelligence 10
know these things?'
Sometimes, not always.
"Wllen he was on the elevator did
he know what he had done?"
There had been by that time re-
organization of his mental forces and
by that time he knew he had done
something"
Therefore if there had been a brain
storm he had recovered in this short
time, sufficiently to know what he had
| done 20
.'That is one of the characteristics
| of a brain storm, but I can't say
| whether or not he knew at that time,
what he had done"
The witness believed that in the
brain storm, the defendant had an in
sane knowledge of what he did-not
the knowledge of sound mind. The
sane man reasons in a logical manner,
the insane man in an illogical manner
/ Although reason was dethroned, the
| witness said, the defendant had an in
sane knowledge that he was attacking
White
The New York law is explicit on the
subject of insanity as defense in
| criminal cases. 1t provides that the
person committing 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 Explains.
! Dr. Evans in explaining his answer
| declared that if Thaw had been walk
| ing in delirium following fever, he
| would unconsciously have been direct
ed in the way he took, for his mind
| was satiated with the one idea of
| his wife's ruin. Mr.. Jerome question
ed the witness again as to what light
was thrown by Thaw's declaration in
! the elevator: II did it because he
| ruined my wife" and DIR. Evans re-
piled that the defendant evidently
| knew something had been done and
/ that the something had to do with the
| running of his wife. He realized that
| something of Importance had trans
| pired.
Dr. Evans also said he thought
ThaW realized he was under arrest
when he had asked that his wife be
| taken to hotel and that George Car
negie, his brother-in-law, be sent for
The witness declared the fact that the
defendant did not ask why he was un-
der arrest, conveyed no light as to his
| mental condition. Thaw was paying
| absolutely 10 attention to DR.. Evans
all this while, but busted himself with
! rea ding the letters ne Hdu IeSOlNcu I
this morning. AS usual he made notes
on each letter after finishing its peru
sal.
| DR.. Evans was unable to understand
the exact relative positions OF Thaw
and White before and at the time or
the shooting. SO Mr.. Jerome acted the
scene out for him.
Wen ina zine Mr.. Delmas is the
VICTIM" he said. turning suddenly on
the California attorney.
Mr. Delmas lodged and the judge
and jury laughed: Mr. Jerome 'ex-
planned with many gestures ana f oef
garden. his turning to the left ano
walking 25 feet to the table where
White sat with head resting on his
hand. az. 4,
ed deliberately and calmly and shot
Stanford White dead. Does that fact
show that he knew what he was
doing %
Cocktails Not Responsible.
mo" replied DR.. Evans, his calm
ness does not show he knew but might
indicate that perhaps he did
why then. did he go out of his way
. as he did?"
Il haven't means of knowing whether
his motive was sane or insane"
..Did he knew he was approaching
White?'
Il can't tell. but it is reasonable to
when he walked down to the table
calmly and turned quietly, does that
show anything?"
TT seems to me it shows he was act
! ing in an abnormal manner.
s?would the fact Thaw and his party
each had a cocktail and several bottles
of champagne shortly before, nave any
influence on the affair.""
mot directly. If 1t had eacn one one . %
''Does the fact that in shooting
Thaw placed the pistol close toWhite
head mean anything to you
'It would lead to the bellef tha'
r White was the figure he was after
What is indicated to you, as
r scientific man, by Thaw's declaration
to his wife: 4 have saved your life 2
asked District Attorney Jerome
S s'The fact that he had done some
thing and had done it to save hei
.fWhat is conveyed by the fact thai
S Thaw was sitting quietly talking 70 ms
S wife until they started 10 ledNe 'he
| roof garden?"
-ssTRe fact that his outward appear
Y ance had nothing to do with the mat
S ter-mental agitation does not neces
p "Doctor" continued Mr.. Jerome
docs the fact that Thaw told you il
< the Tombs that he had not wanted u
: kill Stanford White but had tried Il
have him punished by law. show tina
he realized what the law was and tina
some acts are prohibited by law
"At times-yes. replied Or. Evans
O. you believe that Thaw had sum
: cient Intelligence to know that?'
"I can not accept intelligence in tn
sense YOU use it, protested the wit
+ ness. 'as applying in cases of unsoun'
mind. A man may be ooth culture
: and intelligent and still be insane.
: "Are insane persons deferred by fee
= of punishment" asked Mr.. Jerome
~ "A great many are
That is ALL" SAID Mr. Jerome an an
the long cross-examination of DR.. Ev
!. ans was concluded. Mr.. Delmas wa
. about to begin his redirect examinatio
u | of DR. Evans. when he asked the VII
II ness if he had certain papers in hi
3 --.-=.=.rri1,., Eva said he had lOl