Omaha daily bee., 1907-04-12

Delmas quoted as having testified that
Thaw threw his arms out In the figure OF
a cross. after killing Stanford White.
The jury also asked that the testimony
Of Harry s. Blase, another eye witness o.
the tragedy, be read, and this was ordered
done.
Testimony OF woman.
Lastly the jury asked 10 nave read to q
the testimony OF Evelyn Nesblt Thaw. ~
fer &c 70 related 10 the shooting, the testi-
mony Of Thomas McCaleb as to where the
party was sitting on the roof garden and
the testimony OF DR.. Allan McLane Hamn-
ton, as far as Il was allowed before the
Jury. DR.. Hamilton was allowed during
the trial to testify that he had made four
visits to Thaw following the tragedy and
had formed an opinion as to the defend
ants mental condition then. What this
opinion was he was not permitted 70 state.
Foreman Smith also asked to have read
that portion OF Justice Fltzgeralds charge
rotating to the testimony Of Drs. Evans
and Wagner.
In referring to the testimony Of these
two experts Justice Fitzgerald said that
they had made a personal examination Of
the defendant and that whatever the de-
PENDANT said to the experts and was con-
sidered by them in reaching an opinion was
competent evidence for the jury to con-
slider
Meyer Cohen's testimony had been
largely a personal demonstration By him
self Of Thaw's attitude after the shooting
and his manner Of approaching Stanford
White. Henry s. Plaise was with Cohen
the night Of the tragedy.
Talk with Thaw.
The testimony OF James Clnch Smith was
relative to the conversation he had with
Thaw just prior 20 the shooting. Finally
the jury asked to hear again the testl-
mony OF the doorman on duty at the Ten
derloin precinct police station the night Of
Thaw's arrest and who gave testimony az
TO the defendant claiming to hear the
voices Of young girls. The jury also
wanted the cross-examlnation by Mr..
Jerome Of one OF the doormen who said
there we're half a dozen women Of the
Tenderloin in the station while Thaw was
there and that some OF them were Unruly
Another doorman had said that Thaw COM
planned Of hearing the voices OF girls, but
he dhe oficer could hear no sounds what
ever.
When the jury's requests had progressed
this far It seemed that there could no
or irrational conduct OF Thaw the night
OF the homicide was playing a leading part
In the deliberations Of the Jurors.
Jury Asks More Questions.
When the court room doors were opened
for the second time during the day
shortly after 3 o'clock and It was an
nounced that the jury was about to enter,
excitement in the criminal courts build
ing was at high pitch. The members Of
the Thaw family took up their places.
When the Jurors came in several of them
were excitedly talking together.
THE jury, as l understand It," said
Justice Fitzgerald, when he assembled the
bench, desires to have read again the
portion of the courts charge relating to
the testimony Of Drs Evans and Wagner.
The stenographer will comply with the
request"
The jury during the morning had re-
Quested to hear this section of Justice FitE-
gerald's charge and the testimony Of Drs.
Evans and Wagner seemed to be playing
an important part in their deliberations.
Justice Fitzgeralds charge relating to
these propositions called attention to the
fact that they had the opportunity per-
sonally to examine the defend. Mt. He said
that the conversations they had with Thaw
vas competent evidence regarding his
sanity or insanity at the time OF his ex-
animation and then quoted the following
decision Of the court OF appeals;
All that this defendant said and did dur
ing the several examinations by the eX-
perts was competent as bearing upon hts
montal condition at the time he was ex-
amlned. The examination OF the experts
was directed to his mental condition al
the time they say and from the conclusion
they then reached and medical and other
facts proved they would be competent to
give on the trial and opinion to his
sanity or insanity at the time of the
homicide. The jury Is entitled to the facts
upon which sanity expert bases his
opinion, and when those facts are the re-
suit OF his own interviews with the de-
PENDANT, II Is not only competent, but II is
necessary that they should be laid before
the jury.
Foreman Smith wrote a note and passed
It to Justice Fitzgerald, who then dl-
rected that that portion OF his charge re-
lating to the Hypothetical questions put to
the experts for both the prosecution and
the defense be read
The charge stated that the Jurors were
not bound to accept nor allowed to accept
opinions based on hypothetical questions
as they would accept facts. In the hypo-
thctical questions, the court declared, 1t is
Of first importance that the facts con-
talned In such question have been estab-
lshed to the satisfaction of the jury.
Opinions on such questions should be con-
sidered IN connection with all the evidence
In the case.
Il believe now that that is all. gentle
men" said Justice Fitzgerald.
EMO, SIR" interposed Foreman Smith,
there was one more request"
THAT request" said Justice Fitzgerald,
rs that considerable portions OF the sum
ing up address by Mr.. Delmas shall be
read to you. l cannot grant II. u Is not
evidence and you must remember that you