The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-02-12

with his story
Il had the defendant placed in a room,
he said, where the light from a window
might fan directly upon him. in order
that j might see him clearly. As l stated
before. DR.. Evans was with me. / OH
served that Mr.. Thaw watched US very
closely. II either one OF us got slightly
/ out of range OF his vision he Immediately
altered his position, so as to keep both OF
as closely under his observation. This ex-
animation was again along certain lines
I with view Of determining"
Mr.. Jerome objected. He didn't want TO
+ hear anything about the view on which
I tho examination was conducted. Witness
was not permitted either TO tell what OF
rhaW's life history was disclosed at that
examination. Five days later he saw
rhaw again
Z The examination this time" he said.
/ consisted ~ noting the color of his hair,
T tho general contour of his head, express
sion ~ his face the condition Of his
I lungs. the condition Of his heart, the con-
clifton ~ hls reheXes. the state of his
pGlSc. the strength of his two handsome
F Jo che other, This was carried on in quite
thorough detail for an hour. and the pa
( Ucnt feeling exhausted, we deferred
further examination.
made The physical examination was
gone into again. and also Thaw's family
history, and the early history Of hts own
case. The last examination was on Octo-
Der 5. In these examinations we went into
minute detail as 20 the history Of his life
record, and included the occurrence on the
night of June ., and what he had TO say
about it,
ExDert Formed Opinion
In answer to questions by Mr.. Delmas
the witness said that as a result OF his
visits he had formed an opinion as to the
mental condition Of the defendant. but Mr.
Jerome was permitted 10 examine the wit
ness before ne answered. Mr.. Jerome
wanted 10 know if his opinion was based
partly upon hearsay matter that was told
him about the family history. Witness re-
piled that he took into consideration both
things.
Mr.. jerome finally got the witness to adj
NIT that in forming his opinion as to
IThaw's mental condition he was influenced
In a measure at least by matters that had
not been permitted to be given as evil
dence. Mr.. Jerome then objected to the
witness answering Mr.. Delmas' question
as to the witness opinion as to Thaw's
mental condition. and Mr.. Delmas said h.
would. therefore be compelled TO pursue
a much longer course OF questioning, add
ing that it would ultimately lead TO the
same END.
That was the signal that a long. hypo-
theticaI question was in sight But first
Mr.. Delmas wanted a little rest He said
there was a lack Of air in the room, and
manifestIy no air, which accounted for the
fact that everybody was tired out Ions
before adjournment
There is no needed argument 20 con-
vince the court OF that" said Justice
Fitzgerald. and an adjournment was
taken for five minutes, Mr.. Jerome went
out in the corridor 10 smoke a cigarette.
DIT. Evans. one Of the experts for the
defense. came in sight. He nodded to
Mr.. Jerome and held out his hand. Mr..
Jerome nodded in return, but did not re-
spond TO the pr0ffered hand.
jerome Has Spat with DIR. Evans.
why don't you take my hand?" asked
DR.. Evans
oh, III take your hand" said Mr.
Jerome, taking it, but not very warmly.
why did you refuse to take my hand?'
continued Dr. Evans.
Well if YOU insist upon knowing.
you are truth-telling man"
Il don't think that you are a gentle
man, said DR.. Evans; but BIr. Jerome
turned his back
It was recalled that Dr. Evans was a
witness for the defense in the Josephine
Terranova case. 1t is said that that was
the only time Mr.. Jerome has seen him.
Mr. Jerome would make no explanation
Of his remark to DR.. Evans, except that
it was forced upon him, and that Il was
simply his opinion. Or. Evans will be
witness for the defense tomorrow.
When the session was continued Mr.
Delmas handed DR.. Wagner the letters
in evidence from Thaw 70 Mrs. Thaw.
and his counsel, Lawyer Longfell0w Dr.
Wagner said he had heard them read in
court, but that did not salty Mr.. Jerome.
who made the odctor read them all over
very carefully. While that was going on.
Mr. Delmas deserted his colleagues, went
inside Of the rail. and had a talk with
Mr.. Jerome. At last DR.. Wagner got
through, and Mr. Delmas fired his hypo-
thetical question. With the exception of
referring to a few bits of testimony, he
did not have a note He prepared the
question in his mind as he went along,
never making a slip or having 10 recon
struct a sentence.
Practically Summed Up Case.
Mr.. Delmas had practically summed Up
the case of the defense for the jury. His
manner was graceful and easy. But Mr..
jerome was not satisfied He objected to
parts of the question, saying the testi-
mony adduced did not warrant them. He
also objected to any fantastic concep-
tons" Of the testimony going in evidence.
The question was amended In several par
ticulars by Mr.. Delmas and then when
all was agreeable TO MI. Jerome. Mr.. Del
mas said:
Now, 1 VIII ask you if in your opinion
this defendant, at the time he fired the
fatal shot, knew the act was wrong?"
In my opinion he did not" The witness
further said, in reply to another question,
that in his opinion the defendant was
laborlng under a defect of reasoning, so
as not to know the act was wrong
When Mr.. Delmas started reading his
question the three experts for the prose
cution-Drs. Mabon. Flint. and Mac
Donald-came into court They frequently
consulted with Mr.. Jerome.
1t was then within fifteen minutes of
the regular adjournment time and Mr..
DeImas asked If Dr. Evans. the other ex-
pert. could read them overnight, and save
taking up the time of the court Mr..
Jerome agreed 10 the proposition, but
Justice Fitzgerald expressed the hope that
counsel would endeavor so far as posi-
bic to have their witnesses here and !
proceed with the trial as rapidly as pos
sible, So as not to increase the hardship /
Of the jury
Mr.. Delmas stated that the expectation /
that the defense would be carried out for /
weeks was fallaCiOus- He hoped TO. get |
through In two days. Nj Jerome asked /