The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-02-27

L
| On August II, 1906, the witness called
on Thaw in the Tombs and again saw
him September IL. He was not sleep
| ing we'll and was nervous. He had
| delusions. that there were conspiracies
| against him. having as their objeci
| either his railroading to an insane asy-
| lum or his death.
Mr.. Delmas was about to lay a foun-
| dation for the questioning of DR.
| ONE interrupted.
1T is not necessary, Mr. Delmas I'd
| sooner have as to this defendants in
sanity the opinion of a general prac-
titioneer who has known him for sc
years than the opinions of all the ex-
perts there are-with due respect to
my own" and he smiled at Doctors
Flint Macdonald and Mabon, who
daily sit beside him.
DR.. Bingaman said he believed Thaw
was irrational and laboring under de-
lusions. Newspapers had been woven
into the cell bars to keep the draft
out and Thaw told him the authorities
We're allowing the wind to blow in on
him so that he would contra ct
pneumonia and die and thus prevent
his case coming to trial.
DR.. Bingaman felt Thaw's pulse and
told him, when he asked about it, that
the pulse was a bit irregular. Thaw
replied that this was a condition that
had followed the act of Providence"
Cross Determination.
Mr. Jerome here began his cross ex-
animation by asking as to the taint of
insanity in Thaw's family. Mr.. Delmas
Immediately objected on the ground
that this was not proper cross examina-
tion.
Il want to find out what tendency
there is TO insanity in this mans fam
lily, said Mr.. Jerome. Il want to get
at the facts. If find this defendant is
crazy I'll say So.'
If Mr. Jerome desires to prove that
Thaw was crazy on June 25 last, we
will admit it," rejoined Mr. Delnas
Il have the old fashioned idea" re-
piled Mr.. Jerome, that the district at
torney's office is Quasi-judicial and thai
he has a right thoroughly to examine
all witnesses so as to decide his course
The district attorneys office is
quasi judicial said Justice FITZGERALD,
"and he has the right to summon and
examine witnesses, but when he comes
into court he is bound by the same
rules of evidence as the attorneys for
the defense. l sustain the objection"
Mr.. Jerome then said he would call
DR.. Ringaman for the state in rebuff
tai and asked permission to take his
testimony in the form of a deposition
Mr.. DeImas objected, saying the tes-
timony must be taken in open court
Mr.. Jerome asked when the defense
expected to conclude.
In good faith and not for publica-
tion." said Mr.. Delmas. I'VE expect to
get through this week.
Mr.. Jerome asked DR.. Bingaman to
return next Monday. In the meantime
he proceeded to cross-examine him re-
garding his visits to Thaw in the
Tombs.
DR.. Bingaman said Thaw had not ex-
hibited any delusions or evidences of
rrationality, so far as he knew. prior
% the tragedy of June 25, last. At his
nerve. tonic for the prisoner.
did you notice any exaggerated |
ego?" asked Mr.. Jerome.
He had a, very high esteem of him.
self, but there was nothing else"
The Fun Begins.
Dr. Bingaman was here excused |
and Dr. Britton D. Evans, one of the |
alienists for the defense, was called for |
|
'Of what institution of learning are
THE College of Physicians and Sur
seo1s," replied the doctor
THAT is the institution from which |
your colleague, DR.. Wiley, graduated. |
S it not?" asked the district attorney |
n a soft, low voice.
The doctors reply was lost in the
noise of a general litter in the room |
md the pounding of the bailiffs gavel.
DR.: Evans was closely questioned re-
yarding postgraduate course he tes-
ifed he had taken at Johns Hopkins.
He said he had never matriculated at
his college, but he had at odd times
attended lectures.
Then, when you told Mr.. Delmas
hat you took a post graduate course
1t Johns Hopkins it was not quite cor
ect, was it?" asked Mr.. Jerome
1T was correct as I understand it,
lot as you seem to understand it,"
DO you consider yourself a master
If the profession ?"
Il don't know just what you mean
~ a master. I have been considered
proficient to testify in
nanV cases"
DO you know any one who is a
master in your profession?''
If you mean man who knows all
aw, or any other science"
Mr. Jerome then picked up a
relating to experts and ex-
'ert testimony. which DR.. Evans ad-
aitted he had written In spite of
dr. Delmas' objections, Mr.. Jerome
ormed several questions in the Ian
uage of the pamphlet.
Are you of the opinion" he asked.
that an expert on the stand should be I
aim and dignified, always remember
1g that this is more important as
howing knowledge than sharp {
epartee %
Mr.. Delmas' objection was sustain
d. Mr.. Jerome then read several
lore questions from DR.. Evans pam !
hlet, but all of Mr.. Delmas' objec- I
ons were sustained. :
Has it been your habit, doctor, to
TepaIe written iACulCdA 7
REFS in all important cases where you
re called as an expert?" asked Mr..
erome.
He Corrects jerome.
Those things are not habits, Mr.. ;
erome, they are customs. :
Has it been your custom"
Yes" .
Were the preparation of these :
riefs suggested to you by a number :
painful experiences on the witness
and?"
Justice Fitzgerald sustained an OBJ
.ction. :
IF you read further. Mr.. Jerome, = :
lterposed DIR. Evans. you will find