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

the hypothetical question indicative Of
a brain storm ?'
Il can't tear the hypothetical ques-
tion to pieces that way.
Then I will tear it to pices for you,
said Mr.. Jerome.
The district attorney proceeded Il
read extracts from the question ano
asked if they individually suggested
brain storm
DR.. Wagner said that taken collec.
lively the facts indicated a mental full
mination-an extraordinary state of
mind.
THE fact that this man was his
deadly enemy continued Mr.. Jerome,
1.-The fact that he was helpless to de-
fend himself in view of the manner in
which the defendant approached him;
the fact that it was this defendants
first opportunity to kill with impunity
the man who he believed was armed
to kill him-do these facts indicate
nothing to you but brain storm?
DIR. Wagner evaded the question.
saying it assumed facts not in the evil
dence. He declared there was no evil
dence that Thaw regarded White as
deadly enemy"
Mrs. William Thaw Announced.
After the point of personal enmity
had been fixed to suit the witness, DR..
Wagner said he did not think it was
fair to ask him to answer on parts of
facts without including them all.
81 want to find out whether the
shooting itself was of such a nature
as to indicate insanity said Jerome.
He then read again that part of the
hypothetical question which described
the killing and the events Immediately
preceding and following it.
Now doctor. take these facts and
add to them the fact that the defen-
dant knew that White had gravely and
repeatedly wronged his wife, and that
this was the first time he had had an
opportunity to approach White with
out being observed. and tell me
whether you think this defendant was
suffering from a brain storm
yes. 1 think he was"
While DR.. Wagner was testifying,
word came into the court room that
her daughter, Mrs. George Carnegie,
had arrived in the criminal court
building, ready to be called as a wit
ness whenever she was desired.
District Attorney jerome questioned
DIR. Wagner about various forms of in
sanity including paranoia.
"Dr. Evans has testified that this
defendant was suffering from a paran-
oiac form of adolescent insanity" said
Jerome. do you subscribe to that?''
"Paranoia,' replied the witness,
may mean a dozen different forms.
Paranoia means weak in character.
and that is all 1t does not mean spec
ifically delusions of prosecutions
DO you think this defendant ever
had delusions of prosecutions %
Yes
The witness said that Thaw when he
saw him in the Tombs, had an abnor-
NAL flow of words.
Mr.. Jerome asked if the ability of
Thaw to smell correctly was of inn
portance as testifying that he had re-
Gently passed through a brain storm.
L don't know that that determined
anything one way or another" replied
DR.. Wagner.
No General Paresis.
DR.. Wagner was questioned about the
tests of the oranial nerves and said he
that Thaw did not suffer from general
paresis. Proceedings were interrupted
at this point while Justice Fitzgerald
went into chambers where he admitted
murder of her mother, Mrs. Ida Binge,
to bail in $4,000 The judge was absent
but few minutes.
DR.. Wagner. when Justice Fitzgerald
had returned to the bench. testified that
the examination of the prisoners optic
nerve had disclosed no paretic
condition. The witness went into
technical discussion of the nerves of the
eye and of the tests used to determine
whether these nerves were in a normal
condition.
DR.. Wagner went into long explana-
ton of the nature of Illusions. delusions
and hallucinations of the taste and
smell. which he followed with technical
descriptions of nerves. nervous diseases
and affections and the tests used in ex-
amining them. One of the diseases he
mentioned had a name consisting of
five complicated Latin words which
caused a laugh in the court room and
was too much even for the district at
torney.
rs it contagious?" asked Jerome.
The witness laughed with the others
and said he did not think it was.
In all the evidence submitted to me
and on which based my opinion" said
the witness, there was not the slight
est sign of epilepsy
Clash in Court.
Mr. Jerome pressed for an answer
to the question if there was anything
the night he shot Stanford White. DR..
Wagner said he knew of nothing "nec-
essarily' suggestive of epilepsy.
At this point there began one of the
most spirited incidents of the trial,
with the District Attorney Mr.. Jerome,
Mr.. Delmas. Justice Fitzgerald and the
witness all taking part.
Don't duck by using necessarily
commented the district attorney
"I am not ducking,' replied DR..
Wagner with spirit, 81 am telling the
truth"
Justice Fitzgerald raped with his
gavel and ordered all these remarks
stricken from the record.
"An epiIeptic may have done these
things" continued DR.. Wagner. but
no single thing points to epilepsy"
Mr.. Jerome next directed the wit
ness to tell all the defendant said to
him in the Tombs regarding the sub
ject of epilepsy in the family.
Mr.. Delmas objected to the question
on the ground that it was too broad,
Dr. Wagner's direct testimony having
been confined TO the first three visits
to Thaw. when the witness was of the
opinion the defendant was insane