The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-05

scientific conclusion in a case of in
sanity?"
THAT would vary with the patient"
But it appeared perfectly plain and
clear to you that this defendant was
insane the night he killed Stanford
White?'
II had no hesitation in reaching that
conclusion"
Mr.. Jerome read the hypothetical
question asked the witness on direct
examination by DR.. Delmas and DR..
Wagner said that from the facts as
given him in that question he had said
he had formed an opinion to the in
sanity of the defendant and still had
the same opinion. His opinion, he
said, had been formed entirely on the
hypothetical question and he had
eliminated from it his personal ex-
animation of Thaw and his converse
tions with him so far as he was able.
The witness had made no obser-
walton Of the defendant since October
s, last, he said.
Would the fact that an uncle of
this defendant was of unsound mind
have any influence on your opinion ?''
asked Mr.. jerome.
yes
would you consider the knowledge
of neurotic family history as only of
value in case of toxic insanity. the re-
suit of Erights disease?"
YES because of the fact that so
many people who have Bright's dis
ease don't become insane
1.-The neurosis in the family might
be of Importance ?" 4
"a neurotic condition." the witness
said, lis of course of but small conse-
Quence.''
Mr.. Jerome took up each section of
the hypoth etical question separately
and asked DR.. Wagner if each fact
was material in his consideration and
/ Wagner sai6, showed a neurotic COM
dition and the fact that Thaw had II
was certainly of weight in answering
the hypothetical question
He said however, that if all portions
of the question relating to childhood
| diseases were eliminated from the
question, his opinion would not be
! changed. Mr.. Jerome thought Dr:
Wagner should familiarize himself
| with every part Of the long hypothet-
! zeal question, and so he gave him
| copy of it to study. Meantime Justice
| Fitzgerald ordered a 20 minute recess
Mr. Jerome handed the witness d
| copy of the letter which Thaw adj
| dressed to Anthony .Comstock COM
planning of alleged "dens of vice"
which he declared were maintained by
! White and other rich scoundrels." He
| asked what light this letter threw on
the condition of the writer.
| 1T is indicative of delusional
! state" the witness replied.
Mr.. Jerome next took the witness to
| the scene in Paris. where Evelyn Nes-
/ bit told her life story to Harry Thaw.
| The prosecutor read at length from the
| young woman's testimony and then
| asked if the witness thought the de-
PENDANT was insane before or after he
| heard the story.
You will observe" said Mr.. Jerome,
| that Thew knew something of Stan
| ford White, because before the girl
told him her story he asked if her re-
| fusal was because Of Stanford White.
! She said Yes and told him the story.
| Il am of the opinion" replied DR..
! Wagner, that the girls overpowering
story precipitated a state of mental
unsoundness."
| the telling of the story such as to show
you that he was then insane?''
| Il don't think So
DO you think he was insane before
| she told him the story?"
That l cannot say"
Does the fact that very soon after
this story he Travelled with her as his
mistress make any difference in your
! opinion the effect the story had on his
mind?"
He was always ready to marry her.
and did finally marry her. which shows
his good faith. 1 don't think his rela
| tions with her were at all strange"
Reverting to Thaw's will, DR.. Wag
ner said the eighth article of the docu-
ment showed a delusionary state of
| mind while the codicil was so unusual
| man would not have written 1t.
! DR.. Wagner said the effect of an
! hereditary t2int was not a matter Of
physical determination. but simply
! made the subject "a little more sus-
| ceptible" He declared that Thaw had
an hereditary predisposition to mental
| disorders.
II would say" continued the alien
| ist that all these contributions of
hereditary neurosis made this defend
ant a little more liable to a mental
| breakdown"
You say "a little more as opposed
to a great deal more, 1 presume?' sug-
gested Mr.. jerome.
| You can't measure the amount of
| resistance in an individual"
Now, doctor. when this defendant
went to the roof of the garden on the
| night of June % with a pistol in his
| pocket did he know what that pistol
was?"
yes. 1 think he did,
when he walked toward White
turned down the aisle, wheeled calmly
! and fred three shots. do you think he
knew what he was doing?"
II think he had knowledge of what
he was doing"
DO you think when he pulled the
trigger the second time he knew what
he was doing?"
81 couldn't say whether or not he
knew then. 1t is probable that the
storm exploded when he fired the first
Shot
do you think Thaw was in a
dream state %