The San Francisco Call. Newspaper, February 13, 1907, Page 2

THE SAN FRANCISCO CALL, WEDNESDAY, FEBRUARY 13, 1907. —— = . > — Alienist Upholds Theory of 3 Defense Asserts Insane Mind Directed Shots That Ended Stanford Whate's Life i spoken g s t of anity 2 of the New where pacity had | examination to read from a number of rry Thaw At by ¥ ou observe haw ? asked exhibited ught elieved i he the form of insanity to | Both adolescent insanity | charseterized by ce and exaggerated be patient exhibits | o wtress | » ry tone ak down es the sive con GUIDED BY DISEASE as I can,” e 19th day,” be- Wag- 3 éounsel : in Thaw Trial Clash | Bitterly Continued From Page 1, Column 6 do with Dr. tion perf the girl at White's pro appendicitis, | that chagrin on the fea- is more fully liable to know | e mother of the | K. Thaw was insane at| k of Stanford was still in nists for the defense first ex- Tombs six weeks the period of their | | | ne when | | amined later; that visits he sally but steadily im- proved in and that (by implica- tion) he is today sane and sound of brain, was definitely outlined as the de- | fense’s formal plea when Dr. Brinton | D. Evans, the alienist, took the stand. Fortifying this plea, as always, are the other bases of the defense, justifi- cation and the right of every man to protect his life against supposed dan- ger or threat from another man. In the light of today’s evidence these two may be regarded as anchored to windward. | Both sessions today were devoted to Dr. Evans and the legal debates over the questions put to him. At the slow rate of advance made, it would appear that Lawyer Delmas' intimation that he would have all the defense’s testimony in by the close of tomorrow's session was intended rather more for publica- tion than fulfillment. From present in- dications the defense will do well in finishing with its witnesses this week. Thaw appeared to be shaky and ner- vous today. That curious signal of nervous distress, the purplish flush, col- ored his high cheek bones. His face twitched and the hollows of his cheeks fluttered from time to time as if he were sucking in his breath. He rubbed his forehead and eyes a great deal and during the testimony bearing directly upon his alleged insanity he kept eagerly talking to one or the other of his lawyers as if loath to hear a word 3f the opinion. uns | any |fon as to the then mental condition of Mr. Thaw? ) L testimony interrupted Dr. “I am not addressing my remarks to you, sir,” snapped Mr. Jerome. Later in the s Dr. Evans ex- plained he meant August 19. He said:| FINDS THAW NERVOUS On this visit 1 found Thaw still nervous, agi tated and he had the peculiar expression of the | eves famillar with meutal disease. 1 also ob- served his susnicion of me and &1l around him. He still exhibited delusions or persecution, a 1 . * fancied persecu tions because they were unfalr. Dr ans next deseribed Thaw, September 19. his third M aw exhibited delusions of sus- picion, lack of cqpfidence In his ad- visers, an " explosivene of mental makeup characteristic of a person of hd mind. “How long did the third visit last?" “Only five minutes.” “What else did you observe?" here were no hallucinations. Mr. Thaw dismissed the physicians and had an argument with his counsel, which I shall not narrate.” Dr. Evans asked permission to ex plain the difference between hallucin tions and delusions, and at Mr. Delmas’ | | suggestion stated the contradiction be- | tween the two, { “misinterpreted realities.” terming the latter as Mr. Delmas here iInterrupted the| authorities in support of the contention | |advanced by him yesterday that the statements of Thaw to the physicians tending to shed light on his state of mind were admissible. tice Fitzgerald said as no question was pending he could not rule. | Mr. Delmas asked Dr. Evans to state | his conversation with the defendant on September 19. Mr. Jerome objected. Mr. Delmas continued to read from court decisions as a foundation, he said, for introducing statements made by | Thaw at the time of the homicide and | prior thereto. He wanted to show that | the statements of the defendant might | be taken into consideration by an ex- | pert in determining the mental condi- | tion of his subject at the time of an| examination. He sald that yesterday a| ness had not been allowed to give| such an opinion. DELMAS IS SARCASTIC Mr. Jerome said he did not object to| any such opjnion. | Mr. Delmas asserted that Mr. Jerome | as reasoned in a circle on this sub-| jec Justice Fitzgerald said It was a case of “reasoning in a circle,” as explained by Del but-he did not understand the facts that way. Jerome again declared he would not »bject to an opinion as to whether the nt was Insane or sane subse- o the shooting, but wished the fons to be distinctly confined fo 2 given period ‘“The statements made by a man in prison in his own defense,” said Jerome, “are not permissible under circumstances. But if they claim| that the man was insane at the time of the examination as well as when the act was committed, then I am willing that these conversations shall go in” Justice Fitzgerald sustained Jerome's objection and Delmas proceeded to question Dr. Evans. Were the oral statements made by Mr. Thaw terlal in the formation of your opinfon as to ¢ Mmental condition? Were the conversations necessary to enable an | expert to form an opinion as to the defendant’s | L al condition? iefen uent They were not entirely necessary, but they highly important. w, W t was it? | District Attorney Jerome objected and s sustained. ow ask you, continued Delmas, if as a | our eight examinations you formed | as to this man's mental state at the visits? condition varied. | or no as to whether you lommd‘ EGO EXAGGERATED | r. Evans then went on to the next| t on Séptember 22. Dr. Wagner| was also present | We examined his general attitude, his manner | of entering the room, manner of thought and | general deportment. He was still highly nervous | nd still suspicious of every one. He exhibited aggerated ego, the alr of self-Importance | gisposition {0 direct me rather than be by me. aid you next see him? eptember 27, when we made a complete physical examination. Dr. Evans said the next visit was on September 29. Many of the previous tests were repeated. We asked various questions and the prisoner gave bis own answers to them and made a diagram with matches. Mr. Jerome objected. Mr. Thaw took matches and placed them so as to show positions which may have been clear to bim, but were confusing to me. I did not think bis explanations were clear or logical. He was calm, less euspiclous and more coufiding. The next visit Df. Evans made was | on October 1. This time Mr. Thaw was extremely cordlal and talked to me like & brother or friend. The elghth visit was made on October 8. We bad a protracted Interview with Mr. Thaw, in which @ subject near to his hearf was dis- cussed. It lasted two bours, said Dr. Evans. Under the ruling of the court can you say anything further regarding this visit? Under the court’s eliminations there is nothing more 1 can say. At this point the court took a recess for luncheon. Dr. Evans resumed the stand after the midday recess. 1 Doctor, asked Mr. Delmas, as a result of your elght visits to Mr. Thaw did you form an opin- W Yes, it based in part on the oral stitements of Mr. Thaw during these visits? It was in part. Will_vou now state what that opinfon was? Mr. Jerome objected. FORMS TWO OPINIONS The witness said ae the result of his first three visits he formed an opinion and as the result of the last five visits he formed another. Were they based in part on oral statemen: by the defendant? ves. State those two opinions. That is objected to, interrupted Jerome. The two questions should be separated. if 1 ask the one question will L be allowed to Ev-| t | plosion_which left its traces behind. | had two | letters. | which | described?” | question on the ground that it referred ask the second? Inquired Delma Of course you can ask the questions, remarked Judge. ¢ was your opinfon after the first three | fo the mental condition of the de- | then and now firmly of the opl that | he first three visits that Harry K. Thaw | 1 wa during t { was unsound of mind because of n disensed | brain, ! | _Asa result of your observations during the last | five visits did you form an opinion as o Mr.y Thaw's mental condition? ' 1 1 did. | Please state it. )| The stability of bis mind was still impaired, but seemed better than upon the three former visits. Wik the improvement gradual? | What fn vour opinion was the condition of mind the sequel of? I am of the opinion that he was suffering from | a positive disorder or derangement of mind as a | t of hereditary predigposition. 1 am of the nion that there were additional exciting causes In tue order of stress, strain and ordeals of the mind which formed a brain storm or mental ex- D Thaw Evans was handed the letters written by and introduced in evidence. The doctor began the perusal of the letters which | later to form one of the bases of a hypo- | cal question. Meanwhile a forty-minute | s was taken. PHYSICIAN READS LETTERS After Dr. Evans had been reading for forty minutes, District Attorney Jerome suggested a recess for half an hour, while the doctor finished. This was granted by the court at 3:10, but when court reconvened Dr. Evans still letters to read. Mr. Jerome proposed another recess for ten min- utes, but Justice Fitzgerald refused it. Dr. Evans thereupon returned to the stand and continued his reading of the| Dr. Evans finished reading the letters at 4:16 p. m., having been an hour and three-quarters at the task. “After reading these letters, have you been able to form an opinion as to the mental conditlon of the author at the time they were written?” asked Mr. Delma “x e “Then, doctor, listen closely to what I am about to ask vou,” resumed Mr. Delmas, who then read from the steno- graphic report of yesterday’'s proceed- ings the hypothetical question cover- ing the entire Nesbit-Thaw-White story as it appears in the evidence and was asked -of Dr. Charles G. Wagner. Dr. Wagner gave it as his opinion that Thaw was in such a mental con- dition at the time of the tragedy that he did not know his act was ong. When the hypothetical question was completed Mr. Delmas asked Dr. Evans: “T ask you to state on these facts and’ the light of the letters you have read, what was the mental condition of the defendant, assuming the de- fendant is the young man whom I have Mr. Jerome had slowly risen. STORM OF OBJECTIONS “The question is objected to,” he de- clared, “because of the statement that a maternal uncle of the defendant was insane. The testimony is that the uncle was of unsound mind.” “I will amend the question to have it read - ‘unsound mind,’ sald Mr. Delmas. “I further object,” sgld Mr. Jerome, “on the ground that there is no evi- dence-here that Thaw paid ‘honorable court to Miss Nesbit.'" “T will not split hairs,” said Mr. Delmas, “and make it ‘acquainted with her.” “I am not splitting hairs,” sald Mr. Jerome, somewhat irritated “I did not say you were; I said T would not,” said Mr. Delmas. Mr. Jerome further objected to the to the fact “that a serious if not capital operation” was performed on Miss Nesbit. “It's called a severe if not a capital operation. It was an ordinary operation for appendicitis. ’* began Mr. Jerome. “I object,” broke in Mr. Delmas, “the record does not show any such evi- dence.” question has been put to this witness,”” continued Mr. Jerome, rais- ing his voice, “to instill in his mind and into the minds of the jury that this operation was what is known as a criminal operation, as that is usually understood.” “Your Honor,” said Mr. Delmas, “I take exception to these remarks and wish the exception noted on the record, and T wish it noted on the ground of misconduct of the District Attorney.” ANOTHER AMENDMENT “To any normal mind,” continued Mr. Jerome, “the tmpression that would be carried by wvmese statements is that the operation was of a critical nature. If they will exclude such an operation as this I am willing to let the question go. Their very unwilling- ness to do this is in itself proof that they desire to make that impressiork on the witness.” “You did not object to this question vet,” said Mr. Delmas. “No, yet I did not realize what it meant.” “If you will give me the word of the defendant's counsel,” continued tha District Attorney, “that they do not know the character of this operation I am willing to let it go.” “I glve my word I don’t know,” re- plied Mr. Delmas. “I didn’t say you; I said defendant's counsel. I will give you time to con- sult with your associates.” “I don’t care to do that,” replied Mr. Delmas. “Then you do want to make this in- sinuation?” snapped Mr. Jerome. Again Mr. Delmas noted an excéption to answer Jerome’'s remarks. “I protest against this” he ex- claimed. “The District Attorney strangely forgets his character and position when he eharges me with an attempt to deceive. He must on de- liberation see the injustice of his dis- courtesy.” . “I see injustice plainly,” said Mr. Jerome, “but not on my remarks. I will ask this witness what he under- | “Bvelyn.” stands by the operation in the hypo- thetical question.” JEROME IS QUESTIONED “May I ask the learned District At- torney where he got his information as to the operation?’ suavely !usgeatedl Mr. Delmas. “Yes,” sald Mr. Jerome, sharply. gg. you get it withont violating a confidence? Q{l;_l you get it from Mrs. Thaw? From her physician? Then where did you get 1t? | From_ lher mother. Oh, did her mother perform the operation? | t.\'l but she was there and knew the character | of it. The matter finally was adjusted at| the suggestion of the court by Mr.| Delmas striking out of the hypothet- ical question the ' description of the operation as “serious, if not capital.” Mr. Jerome further objected to the question on the ground that it stated that Mrs. Thaw had told her husband that Stanford White had spoken to her after the marriage. The District At- torney said the evidence was that the| girl passed White and heard him say, Mr. Delmas accepted an amendment to the gquestion. Here Mr, Jerome consulted his notes. | “1 can’t carry such a question as| this In my head,” explained the Dis-| trict Attorney, “Probably not.,” commented Mr. mas in a tone of tolerance. “Certainly not,” rejoined Mr. rome, “that would be an illusion.” There was consiterable laughter. Mr. Jerome further objected to the| question on the ground that it said| White was not visible to the young husband at the Cafe Martin. Mr. Je- rome said there was no such evidence. “Let's strike that out, too,” said Mr. Delmas. FORCES MORE CHANGES Mr. Jerome had still another objeg- tion. The question declared that at Madison Square Garden Thaw's suddenly “lit upon White.” “I don’t want to appear captious. said Mr. Jerome, “but I want this question straight toda Mr. Delmas made the question read, “Thaw saw White." Del- | | Je- “I must still object,” said Mr. Jerome, “to the statement that Thaw pulled a pistol from his overcoat pocket. There is no evidence to show where the pistol came from.” /Make it read, ‘Pulled a pistol,’ " as- sented Mr. Delmas. Mr. Jerome objected also the statement that Thaw held up both arms after shooting White, saying the evidence was merely one arm was up. Mr. Delmas ordered the court stenog- rapher to make all tne corrections and then asked Dr. Evans if he understood the question as amended. “Yes,” was the answer. Mr. Jerome interrupted to insist that when the direct question was put it should be in the language of the New York statutes as to whether the man committing the act was capable of knowing whether it was right or wrong. “I will be glad to accede to the de- mand of the District Attorney for the definition of insanity in the statutes of this State. The law is so clear it cannot be improved upon; certainly not for the purpose of this defense,” said Mr. Delmas, who then turned to the winess and asked: “Doctor, after hearing this question and reading these letters, bearing in mind all you have heard of this case that has introduced fn evidence and excluding everything ‘elsé, is It your opinion that the defendant on the night of June: 25 did or did not know his”act was wrong?” ] “I do not believe that he knew the act was wrong,” answered Dr. Evans. Mr. Jerome objected to the form of | the answer, and to conform with the| law, Dr. Evans repeated: “It is my | opinion he did not know the act wau‘i wrong."” | “In your opinion did he then know | the nature of qualities of the act?’ | MENTALLY DISEASED “In my opinion he did not.” “In your opinion was his inability to know the quality of the act or that it was wrong due to the fact that he was laboring under a mental disease?” “In my opinion it was.” This énded Mr. Evans' for the day. Before adjourning Justice Fitzgerald suggested to the attorneys the saving of time In every possible way. “Time may be saved,” he sald, “if these letters, if they are to be exam- ined by any other expert, be given to him that they may be read out of court. I would also suggest that If this hypo- thetical question is again to be asked that a revised copy of it may be made in accordance with the agreement reached today that time may be saved in argument.” Court adjourned at 5:07 until tomor- Tow. to examination GOVERNMENT TOO LATE Unable to Stay Publication of Details of Thaw Trial { ‘WASHINGTON, Feb. lz.—Poutmastet= Cortelyou made a statement General eyes £ Ex-Governor Higgins| of Empire State Joins Majority FRANK W HIGCING % OLEAN, N. Y., Feb. 12.—Former Gov- ernor Frank W, Higgins died at 8:30 p. m. He remained unconscious to the last. death coming in its most peaceful form and free from pain. Higgins retired from the Governor- ship of New York in January of this vear, completing a term of two years. Previous to that he was Lieutenant Governor under the administration of Odell. When he was made Governor, Higgins shook off the Odell yoke and allied himself with those elements in New York politics friendly to Presi- dent Roosevelt ¥ Higgins was born in New York State in 186. He was educated for com- mercial life and made a success of it. He was first engagsd in business .in Michigan, but moved in 1879 to Olean, N. Y., where he established a whole- sale house, which netted him large profits. Higgins entered politics about twen- ty vears ago and soon became one of the most influential Republicans in the State. He was elected to the State Senate and also served as a delegate to the Republican National Convention in 1888. He rose rapidly in the ranks of the party, finally recelying the nom- ination for the Governorship and de- teating Herrick for the place. UNDRED MINERS ARE RESGUED BAKHMUT, RUSSIA, Feb. 12.—Fire broke out in the coal mines this morn- ing at a time when 100 men were un- derground at work. The first report declared that forty men had lost their lives, but superhuman efforts on the part of the authorities resulted in get- ting air to the imprisoned men and after seven hours underground the fire was put out and all the men brought safely to the surface at 2 o'clock this afternoon —_—— HOLLAND MINISTRY RESIGNS THE HAGUE, Feb. 12—At the open- ing of the sitting of the second cham- ber of the Netherlands Parliament to- day Dr Demester, the Premier and Minister of Finance, announced that the Ministers had tendered their resig- nation to the Queen in consequence of the rejection of the army estimates. The chamber then adjourned. £ T U The China, at 1538 Geary, serves novel Oriental dishes that please palate. Chop suey specialties, noodles, tea, preserves.* A A A A A A A A A AN AN today about the President’'s inquiry as to whether it was feasible to bar from the mails newspapers printing -the “disgusting particulars” of the Thaw trial. He said he had turned the ques- tion over to the Attorney General and will discuss it with him later. It is practically admitted that it is too late to do anything that can have a bearing upon the publication of the Thaw trial. The difficulty of making any fixed regulation is also recognized. Second Clearan Spring * Special COLLARS - have buttonholes that are strongly rein- forced at the ends where the strain comes. They're the strongest made. 200 STYLES IN QUARTER SiZES. Mattings; O Domestic R Curtains an To make room for will prevail in our complete stocks of Furniture for Hall, Library, Parlor, Dining-room, Den and Bedroom; Office Fur- niture; Linoleums and Week ce Sale Stock Prices riental and ugs; Lace d Portieres WORTH MORE NOW THAN EVER BEFORE The increased cost of genuine Porto Rican leaf makes the £/ Zoro cigar worth more now than ever before—though it still costs you only 5 cents, as always. 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