The Montgomery advertiser., 1907-02-06

' raise promises MT. Jerome wanted to know if Dr Wiley believed in Christias Science. l The doctor did not answer directly but was pinned closely to the question by Mir. Jerome. He Snally replied tha he did not.
 1 Asked then if he did not think al | Christian Scientists had reached wrong conclusions and, suffering from delu sion, were therefore insans pr. Vile, replied that conclusions may be right but their premises may be wrong Jerome Calls witnes. Down. This line of questioning soon led tt I a wordy clash between Attorney Je' | rome and witness in which Mir. Jerome I interrupted the witness's repNes witf a loudly exclaimed: Did I ask you that? Did I? An swer me" "No." witness confessed. Upon what in the hypothetical ques- ton did you base you conclusion as to insanity?" By the fact that the man, sittina with a party. suddenly arose and without provocation--" & 'Is there anything in the question about provocation?' Jerome inter- posed.
 ..No," pr. Wiley replied with show of feeling. Tt was the manner of the man." the { witness went on. and the fact that he raised his hand in peculiar way"
 stop" shouted Mir. Jerome angrily. 'Ts there anything in the question about pecuiiarT'
 The witness hesitatc6. then admit ted that there was not.
 He again took up the line of his deductions of the hypothetical ques- tion.
 '"The remark to his wife. I have probably saved your life was another reason for the conclusion"
 Did 1t not occur to you that after firing three bunets Into the body of his victim the man held his revolver aloft to indicate that his deed was done, that there was to be no further killing and he wanted to avert a panic on that roof garden, where there were hundreds of women and childrenr'
 That entered into the calculation
 Did motive have no bearing
 Newspaper Testimony Introduced.
 Yes, l read in the papers and l decided----''
 Stop. Did the question of motive make so light an impression in your mind that when you came here to tes- tify as scientific man you want to import into the case what you reau III the newspapers?"
 The witness was silent.
 Did not this man raise his hand and his revolver to indicate that there was to be no further kllling%
 Possibly. but as was saying@
 will you please refrain from vol- unteering information for which do not ask?" corrected MT. Jerome. Am swer my question and nothing else. have had to ask this many times and don't want to have to do 1t again"
 When aid you get here?" asked MT Jerome.
 Wednesday,"
 And you talked with counsel?'
 "Yes, about the case'
 About the hypothetical questionT'
 No
 The witness fairly shouted the an- swer. He also flushed angrily.
 Thaw sat apparently unperturbed throughout the grilling of the witness by the District Attorney. He kept his head bowed as he made notes on pa per. lifting his eyes now and then to look at Dr. Wiley.
 "Is not jealous rage the dominant ele- ment in the mind of every man who kills from Jealousy?' asked Mir. Jerome.
 There may be other clements.
 stops Voluntary Testimony.
 'Stop that volunteering and answer my question"
 Tell us some of your conclusions from the hypothetical question" he re- uuested.
 'The time, the manner and the place chosen-
 "so," shouted the District Attorney, you think the place was chosen for the crime, do you?"
 ''No. My argument is that it was not chosen-
 q want your arguments kept out of this. What Is your opinion--was the place chosen?' No"
 Now as to manner: Do you think that because this man, with malice and hatred of the man he saw on the roof | garden. walked oven to him and fired three bullets into his body with the | revolver held so close that the face was burned by the powder--do you think it was an act of insanityT" l Yes"
 Then the killing of any person in a jealous rage is, per SC, an act of insan- tty?"
 Yes" | MT. Jerome took the witness over every incident of the night Of the trag- cdy and asked him if in each case he thought Thaw's acts were those of an l med up his answers as follows:
 Taken alone they do not impress me so: but taken together they d0.' | we have gone over the entire case, said MT. Jerome. Now tell me, did you arrive at your opinion that he was insane from the facts of that night aloneY
 After a discussion as to the relative merits of opinions and impressinns l during which he was again taken to task by the District Attorney, Dr. Wi ley said the occurrence of the night oi the tragedy had not wholly convinced him.
 Based on the Killing. N He thep was asked If his opinion as to the insanity of the prisoner was based on the occurrence Of the roof garden, pr. Wiley answering that ii l was.
 And from reading the newspapers?' suggested the district attorney. II The witness hesitated.
 You had information not in thu papers?"
 Yes"
 Mir. Jerome then carried the wit ness through the various tests O II alienists to discern brain trouble. sucl as rehexes, etc. the witness noddinl his assent and asserting that he knev them all, including the "Romoeri test"
 "Describe the Romberg test" com H manded MT. Jerome.
 The witness said it was a test O the brain.
 "Oh, but that is not an explanation | of the Romberg system. Do you knov IA ha,o x,nu avar heard of it?" sail