The Montgomery advertiser., 1907-02-12

conversations between the witness and the defendant were to be allowed
 T think counsel should be guided by the spirit of the courts ruling az well as the letter. suggested Justice Ffts- gerald.
 T do not desire for an instant to transgress on the spirit of the courts ruling." said MT. Delmas, and on the slightest intimation that the spirit of rulings it being transgressed. will de- sist.' t "The court has gone as far into the matter as 1t desires" said the Justice Did you attend the theatre with Harry Thaw and lady in July. 190S?' l asked Mir. Delmas of the witness MT. Jerome again objected on the broad ground that some alienist should first show that Harry Thaw was Of unsound mind at the time of the oc- Icurrences covered by the questions of counsel and that the stories told him might have affected his mind In the way counsel desired to indicate | The objection was sustained. l What effect upon the defendant did sthe presence of Stanford White haveT | asked MT. Delmas. Again MT. Jerome objected and was sustained.
 l. 'Tjpon your return from Europe ID i1903 on North German Lloyd steam CT, was Mir. Thaw present on the steamer?"
 'Yes. sir"
 "When on the steamer do you re- member whether MT. Thaw told you anything about a certain person and what happened to her at the hands or Stanford WhiteT
 The court sustained the objection by MT. Jerome and the witness was not allowed to tell the story.
 Tn Paris" asked MT. Delmas, did you tell MT. Thaw about young wo- man who was knosn between you as The Pie Girlg
 Yes"
 Mrs. Thaw was not allowed to detail this story, either.
 when did Mir. Thaw make his last proposal of marriage to you. the one which you accepted?
 'T think 1t was about April l, 1905"
 What did he say to you at that timer
 Again the District Attorney objected and was sustained.
 | document was shown Mrs. Thaw. who said 1t was first shown to her by Harry Thaw fin January. 1906. she thought.
 Did he make any declaration re- garding 1t at that timer
 Another objection was sustained.
 Mrs. Thnvv is Wfthdfawn. Mfr. Delmas then, announced that as the courts ruling prevented him from going further into these matters be- cause of lack of preliminary founda- ton, he would ask leave to withdraw the witness for the time oeing ana proceed along other lines, reserving the right to recall Mrs. Thaw later. District Attorney Jeror agreed to the temporary withdrawaI of Mrs. Thaw and MT. Delmas asked for an early recess in order that he might prepare for the line of evidence
 Recess was ordered at 12:20 p. m. to 2 p. m
 AIienist On the stand. when the afternoon session began at 9 o'clock Mir. Delmas proceeded at once with the introduction of medical tes. timony as to Thaw's condition of mind, calling first to the stand Dr. Charles Wagner. Superintendent of the State l Hospital for the Insane at Binghamp- ton. N. Y.
 Dr. Wagner stated that he had been Superintendent of the State Hospital 1 for fifteen years and had served as an alienist in a number of criminal cases
 under appointment of the government ) of the State.
 He had visited the defendant in the ! Tombs six times. the last time Octo-
  Did you form an opinion from all you observed and from what you Know [ of the subject of insanityT' MT. Jerome objected to this and said the witness should first tell what he observed at his ex; nations. He was ] requested to do so. - "On the first visit I talked with him
 but did not make a thorough exami-
 nation" said the witness. observed r that he was suspicious. reticent and 7 apprehensive. He was fearful that he
 would be declared insane. On Septem-
 ber 18th I went to the Tombs with 3 pr. Evans, of the insane hospital al g Morris Plains N. J. t What did you observe on this sec :: ond visit?'
 s eve were admitted to the examina- l tion room from the Tombs and MT
 Thaw was brought in. We had just e stated the object of our yisit when MT MT v Thaw turned on his heel and left tho S room, notwithstanding that 1t was un' = derstood plainly beforehand that wt t were there to examine him" . Justice Fitzgerald on motion of Dis e trict Attorney Jerome ordered that al
 of the answer after the word room = be stricken out.
 = without stating any conversation
 Doctor, tell us what you observed, d asked MT. Delmas.
 "He abruptly left the room. e Did you observe anything elser ,. 'Yes, I observed more, but 1t wal - all in his conversation" = Could Not Give Conversation. d MT. Delmas and Mir. Jerome then hal n a long argument on the law covering n the matter of expert testimony.
 MT. Delmas argued that the declar
 alton by Thaw tended to show his stat l. of mind at the time the action com l. plained of was committed, but all h d desired from the witness was an opln Q ion as to the defendants condition a
 the time of his examination In Sep J. tember.
 District Attorney Jerome argued tha 'r the mental condition of Thaw at tn l. time of examination was not material l. The only thing that was competent. h
 said, was testimony to show tha 2. Thaw's mental condition at the tim
 of the shooting and at the time whe
 his wife told him the stories which tn le defense claimed unhlnged his mind. IS At the conclusion of the argumer
 Justice fitzgerald said he could max pt no ruling because there was no que
 ton pending.
 C. MT. Delmas then asked Mir. Wat CT ner to go over the details of his secor