The Washington herald., 1907-02-14


by Mr. Delmas to give his opinion Of
Thaw's mental condition-pathologica
conditions alone, leaving out OF cOnsid-
GRAFTON all conversation with Thaw He
said that in his opinion Thaw was men
tally unbalanced From the pathological
examination in detail. as he explained il
to-day, i seemed to lay witnesses hat
there YVES not anything very abnoi mai
about Thaw
Delmas. having got a description of
Thaw and results, went back 10 his orig
inal question. at the opening Of the SEES
sion, as 10 when the explosion in Thaw S
mind came.
Jerome was still unsatished. II was not
proper hypothetical question. he said
All the facts brought out were NOT I'm
question, and it had to be so arranged
under the law.
Mr.. Deimas did not want 10 undertake
the Job Of handing out another long hv-
pothetlcal question SO he asked the
doctor If he remembered the one the day
before and II he could answer il. The
doctor said be could.
i think the doctor has already an
sWered that question" said Dir. Jerome
If my recollection is right ne said in
substance that on the night Of the homi-
[
mental storm, or explosion, or fulmina-
ton, or whatever he termed IT,"
After some wrangling between DeImas
and Jerome over the matter Delmas took
Jernme's recollection Of it that Dr. Evans
had answered the question before
Hereditary Insanity.
Then Delmas inquired about the rule
into inGuiring into hereditary insanity.
1t was a general rule, DIT. Evans said.
1T Is my observation. Dr. Evans said.
that insane persons beget epneptics,
and that epipleptics beget children pre-
disposed TO epilepsy and all the various
forms Of insanity; that begets idiots and
imbeciles. Epilepsy and insanity are very
much allied in their transmitting powers %
What do you mean by collateral2"
asked Mr.. Delmas. This had reference
70 the attempt the defense viii make to
show that relatives Of Thaw. not Of the
same direct line, were of unsound mind.
My understanding Of the collateral
branches Of the family. said DIR. Evans,
'aro not the immediate or direct line.
the children of the father or the grand
children Of the father or the mother"
Wen, 90 put # more practically" said
Delmas. would insanity In the child
Of an uncle Of the defendant. who would
be his cousin, be a relevant factor in de-
teruiniug the soundness Of mind Of the
patient himself?'
II would be a significant fact" said
DR.. Evans.
Mr.. Delmas. after few more questions.
dropped the witness. Jerome said he
would reserve his right Of cross-examina-
ton for another time. Then he asked
that the next time DR.. Evans produce
his notes Of the examinations he made %
Thaw in the Tombs Delmas said he
knew nothing about the notes Jerome
started 10 cross-examine Dr. Evans about
them, but Mr.. Delmas announced that if
Mr.. Jerome began a REORGANIZATION
Of any kind he would have to continue IT,
Justice Fitzgerald finally said that If
there were any notes they ought 10 be
brought to court. The thing was left in
notice that he would call for the notes
the first thing when DR.. Evans came up
for cross-examination.
DIT. John r Deemar. who has been q
witness FOR Thaw before. was called. He
started 20 testify about the mental cOndi-
tion Of Thaws fTst cousin. but Jerome
objected and DR.. Deemar was not al
lowed 10 answer.
Thaw's Counsel Tangled.
That seemed TO tangle Thaw's counsel
badly. There was a long conference. and
finally Mr.. Gleason and Mr.. jerome talked
with Justice Fitzgerald. While this was
going on Thaw leaned across the table
and chatted with Delmas. After the con
ference az the judges bench was over.
Jerome said:
The situation that has arisen here has
brought in two difficulties. The first is in
regard TO a very lengthy viii and cOdicl
CThaw's). II is by no means clear that
the attitude Of the counsel for the people
IS perfectly correct about the admissi-
bility OF inadmissibility Of the document,
although il IS my present impression that
IL is. The will has been submitted 10 me.
and II may be. after a consideration OF
the document, shall have a more definite
opinion as TO the admissibility Of the
document
The second point is that the family
physician is here. DIT Bingaman. and also
DR.. DeemaT, who was on the stand. They
have consented that I talk with them. /
do not know whether the testimony they
viii give should be opposed or will be op-
posed. Therefore. I say, that after I have
talked with these gentlemen and exam
ined the will, a lot OF time, which would
otherwise be taken up by legal argument,
may be saved.
Justice Fitzgerald was satisfied. and the