The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-20
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snapped the pistol three times. then
raised it over his head, broke it and
held it butt upward.
The questions Mr.. Jerome asked DR..
Gregory were along the line of the
difference between sane and insane per-
sons.
II think he had insane knowledge"
was DR.. Gregory's reply to each of the
questions.
When DR.. Gregory was excused Mr..
Delmas recalled DIR. Charles G. Wag-
ner of Binghamton.
DIR. Wagner had already testified for
the defense that Thaw was insane wnen
he shot White.
Answering the hypothetical question
he said in his opinion Thaw's reason
was such that he did not know the ma
ture quality of his act or that the
act was wrong.
Mr.. Jerome cross-examined DR.. Wag-
ner briefly. The latter declared that
whatever knowledge Thaw displayed at
the time of the tragedy was the know
ledge of an insane man.
DR.. Wagner was finally excused and
the usual afternoon recess of Is MIN
utes was ordered.
After recess DR.. Britton D. Evans,
who has been one of the chief alie1ists
of the defense was recalled to answer
the Hypothetical question as framed by
District Attorney Jerome. Using this
ed the opinion that Thaw when he
killed White did not know the nature
or quality of his act or that the act
Was wrong.
jerome began his cross-examina ton
by asking DR.. Evans how much time
he had given to the study of the ny
pothetical question.
L did not time myself" said DR..
Did you determine what sort of in
sanity H. K. T. was suffering from? p
Il did"
4 'sEVhat was it?"-a ,=s-a --.~s
- ut was that kind of insanity which
through defective reason, rendered him
incapable of knowing that his act was
wrong"
Has it any name?"
'AlI who study the literature of this
subject select their own classifications.
What name do you give it,?
Il haven't given it any name. 1t was
one of the form of insanity of the
When H. x. T." wrote the letters
exhibit A to 1, DR.. Evans thought he
knew what he was doing.
aisle just before he shot S. W. lid
he know he was approaching s. W."
asked Jerome.
of the garden DR.. Evans said he
thought III K. T." knew he was walk
ing but there was nothing in the
hypothetical question to show that he
approaching ..
when he raised the revolver above
his head and unloaded it by breaking
it. did he know what he was doing?"
cor tinued Jerome.
II don't believe he realized what he
was doing except in an insane way"
replied DR.. Evans.
Every move Thaw made that night
was taken up by Jerome and in each
case DR.. Evans was asked if Thaw
knew what he was doing.
He had an insane realization" re-
piled the witness repeatedly.
DR.. Evans was excused at 4-30 p m.
1t was expected that DR.. Evans would
be the last witness of the trial. Mr..
Delmas Immediately asked for the |
production of letters sent from Pitts |
burg to the clerk of the court by ].
Denniston Lyon. vice president of the |
United National bank of Pittsburg. |
Mr.. Lyon had custody of Thaw's will |
and when he was on the stand was
asked by District Attorney Jerome If |
he had received any letters from |
Thaw. He said he had and Jerome |
asked him to send the letters on. They |
have never been introduced in evil |
dence or referred to in any way. |
Jerome said some of the letters were |
in his office where they had been |
copied. He had not thought that the |
letters were to be used and he |
neglected to return them to court.
After they were sent for Delmas !
spent some time in examining them. 1t |
appeared for a time that some of the |
letters were missing-one in particu- !
lar which Delmas declared he desired |
to read in evidence-but Clerk Penny /
finally found it.
While the search was going on |
Thaw leaned over to the reporters I
table and whispered: THAT letter is |
important. 1t has something in it |
about friend of Jerome's." Delmas
finally offered the letter in evidence,
but Mr.. Jerome Immediately objected.
He said the letter should have been Of
fered as part of the case for the de-
Tense in direct evidence. He said he
had no objection to the contents of the
letter.
''In order. however" said Mr. Je-
rome. that I may not appear to be
excluding anything which might help
the jury to arrive at just conclusion
am willing that all the letters shall
go in evidence without the necessity |
Of their being read-the stipula ton
being that either counsel shall have
the right to refer to such parts of the
letters as they desire in summing up
If my offer to have all the letters go
In evidence Is declined I renew my OBJ
lection to any one letter being intro
duced on the ground that it Is re-
opening the entire CASE
Mr.. Delmas repeated the offer of
and Justice"
10 show the condition OF Thaw's mind 4
said the case was nearing its Close He