The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-02-12

| To. certain extent. yes?'
I Please state the questions and an
the examination"
| Mr.. Jerome objected and was. sus-
tanned.
We'll. doctor, what did you observe
or what did you do?"
I'VE took Mr.. Thaw to where the
light was strong. He watched US
closely and would not be placed in
! such a position where he could not
have both DR.. Evans and myself under
his eye all the time. We asked hmm
certain questions as to his life, history,
etc." >-ss-
| What were your scientific deduc-
! lions as to the mans mind ?'
Mr.. Jerome objected, saying the ex-
animation had not gone far enough for
that and he was sustained.
You put to him certain questions
and received certain answers. was that
ALP
"As 1 remember it that was all"
When did you next examine
Thaw?"
1.-The next examination was on Sep
TENDER 81. and was in part a contin-
and then took up the physical ex-
animation
What did it consist Off"
! 1.-THE color of the hair, the general
| contour of the head, the expression of
| the eye, the condition of the heart, the
re1iexes and the state of the pulse The
matter was carried on in much detail.
| At the end of an hour the patient was
| exhausted and we deferred further ex-
animation
when was the next examination ~
ION October 8. We went over some
of the ground of the former physical
| examination and also went into the
history of the case and the family his
| tory. This examination also lasted
| over an hour. The final examination
was made October s. We reviewed
r0f fr1a-
lions and went into the history of the
case in more detail including the
events of June 25. This examination
| lasted for an hour and a half
Doctor. from your examinations
during six visits could you form, an
| opinion of the then mental condition
of Mr.. Thaw % Il
yes"
| Did it enable you to form an opin--
ion of his mental condition on June
| 25s?"
yes"
what was that opinion ?"
| At this point Mr.. Jerome interrupt
| ed to ask few questions.
Doctor, your opinion he said, sis
| based partly on what you observed
and partly on hearsay and the family
history. is it not? Your opinion to
Thaw's insanity is in part based on
matters not in evidence, is it not?"
Yes"
ITO a considerable extent is it not?"
YES
"As a matter of fact then doctor. YOU
could not state an opinion after ex-
Guiding the hearsay facts that were
stated to you as to this mans history
etc. %
Then I submit. your honor" began
| the district attorney; but he was in
terrupted by Mr.. Delmas who said he
would Withdraw the question and frame
a hypothetical one.
In. the meantime he asked that soune-
thing be done to relieve the atmos-
pheric condition in the court room
Jerome said he concurred with Mr.
Delmas for once. Justice FITZGERALD
declared he did too and SO a FIVE min
uteS recess was ordered. t
The jury, the Judge the defendant
and counsel all left the room and the
windows were thrown open.
Thaw whispered with his counsel
and laughed merrily while leaving
The tenlpera ture in the court was so
| low when the recess ended that the de-
PENDANT sat for a long while in his ov-
ercoat.
AS basis for a portion of his hypo-
therical question, Mr.. Delnas first
handed DR.. Wagner all the letters writ
ten by Harry 4. Thaw which have been
Have you ever seen these before?"
asked Mr.. Delmas.
''5ome of them I have examined; and
| others L have heard read in court"
said DR.. Wagner.
Il was deemed best by both Mr..
Delrnas and Mr.. Jerome that the wit
ness should refresh his memory by
reading all the letters. The doctor did
so and much time was thus consumed.
DR.. Wagner's examination of the
letter required more than half hour.
Have you examined these letters
with a view to their tendency to show
the mental condition of their author?"
asked Mr.. Delmas.
81 have"
Mr.. Delmas then proceeded with his
hypothetical question
Il will assume, doctor" he began.
/ that the author of these letters OF
June 20 last. was in his seth or 37th.
year; that one of his uncles was in
sane; that when he himself was
child he had suffered from the usual
children's diseases, including ST. Vitus'
dance; that he was always of a nerv-
Gus temperament; that in 1901 he met
| young woman of between 16 and II
years old; that he paid honorable
court to her and had gone to. her
mother, professed his love and his de-
sire that the girl should become his
wife; that in 1908, the young woman
having undergone a serious operation
the man went to her bedside, knelt
and respectfully kissed her hand; that
after her recovery he arranged to take
her and her mother to Europe; that
in Europe during her period of debili-
tation following the operation he
nursed her tenderly, carrying her to
carriage and up all stairs in his arms;
that in June, 1903, he made formal Of
fer of his hand to this young woman
his social position at that time being
one of afflUence and his family hold
ing a position both in this country and
in Europe which might generally be
termed envlable; that she declined his
suit, and when pressed for a reason
informed him that when she was
about 6 years of age a man in New
York introduced himself into her life
in the guise of a ben efactor, express
ing the utmost soIicitude for her well
fore; that this New York man dis
playeI before her childish fancy, she