Evening journal., 1907-03-06

Jerome tried 10 make Or. Wagner say
that during the entire period between the
writing Of the letters quoted as be ng writ
ten in the autumn Of 1903 and his marriage
on April 4. 1905 Thaw was not mentally
sound. The doctor would not commit HIM
self in such a way, however.
THAT is a long time and In those
months there may have been a long period
during which he might have fully recov-
cred his mental strength"
The District Attorney then had a long
session with the witness in regard TO the
difference between the way a sane perrson
md an insane person eats bread and but
tor.
rs there a single fact in all this evil
lene. either done or said by the defend
ant. in the doing or saying Of which ne
had knowledge Of what he was doing
or saying at lengthy asked Jerome.
Il cannot go over these sayings separ-
ately. but as a whole I think he had as
general rule an insane understanding, -
said Dr. Wagner
What is an insane understandings
1T Is an understanding a person has
when insane"
Jerome was displeased and asked did
you ever hear Of circular insanityy'
Yes" said DR. Wagner.
rs reasoning in a circle an evidence
Of circular understanding?
What do you mean by reasoning in
circle responded DR.. Wagner.
81 mean just the sort OF reasoning
as you have Just used on the stand"
said Jerome.
Delmas objected. He said the ques-
/ tion was complex and asked the wit
ness Il he understood It.
LAUGHTER IN COURT ROOM
He is asking if think J am insane, ="
said DR.. Wagner. Everyone IN the court
room laughed.
Jerome then said he would change the
form Of the question. but did not deny
the purpose of his methods
Jerome went back then over the ground
gone over so laboriously yesterday as "a
what in Thaws words and deeds at the
time of the killing indicated the insanity
The question drew from DR.. Wagner
the usual response that the prisoner
might or might not indicate insanity.
The fact that Thaw stood close to
White in firing, DR.. Wagner insisted
threw no light on his mental condition
that he had told the man who took the
revolver away from him-"he ruined ms
wife''-and asked 10 be taken Immediately
from the garden likewise were uncertain
indication Of his condition. Thaw's words
however showed he had an insane knowl
edge Of what lad happened.
Thaw's words "he ruined my wife" Dr
Wagner said were strong evidence OF hh
brain storm.
1T was the most natural thing in
the world for hi INTO say, for an insan,
persons acts are very natural" ex-
planned Dr. Wagner This was IN,
, thing which had been I'm his mind foi
two or three years. When the brain
storm occurred it was quite natura
, these words shou'd d have come OUT
Tries to Show Drunkenness.
Then Jerome too q new tack, 10 trs
and show Thaw was drunk when h'
4 killed White
q Ell had questioned former witnesses
IA as to the amount Thaw drank at Mar
1 tins before going TO the roof gardei
4. when the killing occurred.
q What in your opinion do the fact
4 that Thaw had drunk considerabl
quantity OF liquor have any bearing Of
a his mental condition at the time Of tn
A. hning?" queried jerome.
Il Il would want to know how mucl
a he drank before answering that ques
II tion," said DR. Wagner.
Il Jerome dropped the subject for
moment but soon retuine to It.
rs There would have been nothing 4
N these periods OF supposed insanity {
ID prevent the defendant from gettin
Of drunk"
N Not rhat~I know Of
- Was there anything n the descrip
ton OF the killing given in Mr.. Del
mas hypothetical question to make
,s possible to say whether Thaw wa
"a crazy or drunk?"
d, There was nothing to indicate in
toxication and a great deal to indica'
"a insanity"
- Jerome spent some time on the'
details. but succeeded n getting moth
" ing satisfactory from the witness an
y, at length dropped the point.
~ Jerome then announced that he wa
e finished with the cross-examinatio
' but q. moment later arose and askC
IN Dr. Wagner about his testimony In Il
On Preusser case. He tried to show tn
lDr. Waener's testimony in that ca
X N-tconaicted with his present testimor
ad because he had said that Preusser w
VS. -ane and intoxicated at the time Of Il
he ernie.
ie- DR.. wager. however, said he had n
thought about tho case for mal
B." months. and that he could not swear
any Of the details IN the evidence. III
he let him out ana Jerome gave up.
IN. Mr. Deiinos then gaid 70 the dostor'
yl- is thcre anything yoa would "a
aed TO your direct ez1inrny, !a "
A. Of the long cross examination 70 VIII
as YOU have been subjected!
Nothing. except I would emphasi
ee the fact that this defendant, when
shot White. did not know II was wronl
he said DR.. Wagner getting in a final biz
aw for his cause.
Jerome was up in a seeand
W. what do you mean by wrongT' he
manded.
NJ I mean just this" Dr. Wagner repl
~ impressively. while he jurors regare
ma, him intently ! mean that the defer
,so ant had not sugicient intelligence at
time of the shooting 10 know that
nd act was contrary 10 the law Of the lal
and that he had rendered himself la
to punishment"
re Jerome looked dazcd as he realized
s Impression the last statement made
the jury.
Justice Fitzgerald adjourned court al
,is O'Clock.