IEk iCtbrtB SEYMOUR DURST When you leave, please leave this book Because it has been said "Ever'thing comes t' him who waits Except a loaned book." Avery Architectural and Fine Arts Library Gift OF Seymour B. Durst Old York Library Digitized by the Internet Archive in 2014 https://archive.org/details/famoushypotheticOOjero THE FAMOUS HYPOTHETICAL QUESTION WILLIAM TIWER5 JEROME FPANCI5 P-GARVAN EVELYN NESBIT THAW By BOEHM THE FAMOUS HYPOTHETICAL QUESTION IN THE TRIAL OF HARRY K- THAW FOR THE MURDER OF STANFORD WHITE PREPARED BY WILLIAM TRAVERS JEROME ER4NCI5 FGARVAN MADE INTO THI5 BOOK BY DOEHM c RATHEONE COPYRIGHT 19071 BY DOEHMeRATHBONE THE PAMOU5 HYPOTHETICAL LIMITED TO T\0 HUNDRED FIFTY COPIES OF WHICH THIS IS 5pedally printed and bound for Subscribers OTE TO The text of thl3 /ft lie book 13 one of the wo3t noteworthy productions of its kiuol in criminal jurhprudence Nothing more need be 3<3ic/ on that point Ao for the illustpcitions they are m&de by men c women who STand at the verjy fore front of art in America We are sure yc^u Join us in thcinkinp these , our many frien ds , \wh o ^haire ma d e the publication of this book possible • Each signature herein IS more than a ncime — Each Is the 3/^n of a potent personality » The whole is history o Assume that the Following Are Corb£ct State- ments OF Facts : That the defendant's exhibits A to I, inclusive, defendant's exhibits L and K and defendant's ex- hibit P were written by a man hereinafter desig- nated as H. K. T. ; that H. K. T. was born on the 12th of February, 1871; that one of his maternal uncles was of unsound mind from about 1883 to 1889, in which year he died, but that the character of the unsoundness of mind and the causes thereof do not appear (p. 298) ; that H. K. T. when in his early childhood suffered from measles, mumps, whooping cough, St. Vitus Dance and Scarlet Fever (p. 264) ; that H. K. T. has always been of a highly nervous temperament, when quite young he slept very badly so that a nurse had to nurse him a good part of the night; that when he had St. Vitus Dance it lasted for a period of some weeks and that during the continuance of this dis- ease H. K. T. had strabismus so that he looked like a child whose eyes were perfectly crossed; that the attack of measles occurred when H. K. T. was about nine or ten years old, at which time H. K. T. appeared to be an unusually nervous child (p. 297) ; that in December, 1901, in the City of New York at a restaurant at a dinner given by H. K. T., H. K. T. for the first time met E. N., a young woman of 17 years of age, then a chorus girl in a theatrical performance in the City of New York and known to H. K. T. to be such (pp. 1735-1851) ; that shortly thereafter H. K. T. on PILED A.. READ IN COURT MARCH. 15. 1907 / sent to E. N. to the theatre where E.. N. was play- ing sorne roses accompaniecl by a fifty dollar bill ; that E. N. caused to be returned to H. K. T. the fifty dollar bill and that thereafter H. K. T. called upon E. N. and apologized for having sent to her the money; that thereafter H. K, T, went to lunch with E. N, at the restaurant in a hotel, and E. N. saw him a few times in the month of December, 1901, and January, 1902, but did not see H. K. T. again until after the end of October or the com- mencement of November, 1902 (pp. 580-1735- 1867); that E. N. went to school in New Jersey at the end of October or the commencement of November, 1902, where she remained until early in 1903, when she became ill; that her illness was of such a nature as to require a surgical operation which was performed at the school in New Jer- sey, all of which facts were Icnown to H. K. T. "While E. N. was at school in New Jersey and prior to the operation she met H, K. T. several times in New York. "While E. N. was at school in New Jersey H. K. T. called upon E. N's. mother in the City of New York and informed her that he did, not desire E. N. to go abroad with her school mis- tress unless E. N's. mother was one of the party and offered to pay the expenses of a trip abroad if E. N's. mother would go along, and at this time H. K. T. informed E. N's. mother that if the moth- er would use her influence with her daughter, E. N., to cause her to marry H. K. T. he, H. K. T., would settle enough money on the mother to take careof herandherson (p. 1332) ; that just before the operation on E. N. at school in New JerseyH. K.T. went to the school, kneeled by the bedside of E. N., kissed her hand and withdrew- E. N. having been forbidden by the doctors, as H. K. T. knew, to converse, and H. K. T. before kneeling and piss- ing E. N.'s hand placed his finger to his lips in a cautionary sign to keep silence. .After the opera- tion was performed upon E. N. she was removed to a hospital in the city of New York and while in that hospital H. K. T. called upon her and sent her fiowers and certain delicacies. In ^farch, 1903, E. N. was sufficiently recovered from her op- eration to be about and ^1. K. T. planned for E. N. and her mother a trip to Europe at his expense, PI. K. T. being a man of means and E. N. and her mother being persons in straightened circum- stances. The offer of H. K. T. to send the mother and daughter abroad was accepted and H, K. T. himself went abroad leaving his valet to accorh- pany and take care of E. N. and her mother on their trip across. E. N. and her mother went abroad at the expense of H. K. T. and H. K. T. met them in Paris in June, 1903.' In Paris E. X. and her mother and H. K. T. lived in the same apartments, and one niglit H. K. T. asked E. N. to marry him. E. N. stared at him for a moment, and then H. K. T. said, "Don't you care for me? Don't you care anything about me?" And E. N. said, "Yes." And H. K. T. then said, "Well, what is the mat- ter then?" And E. N. said, "Just because." And H. K. T. said, "Why won't you marry me!" And E. N". said, "Because." And H. K. T. then said, "Well, tell me why won't you, for what rea- son, why -won't you marry me?" And then H. K. T. came over to E. N. and put his hands on her shoulders and looked straight at her and said, "Is U because of S. W.?" And E. N. said, "Yes." The manner of H. K. T. at this time was very kind and nice and he looked at E. N. very . straight. Then H. K. T. sat down and told E. N. that he was her friend; that he eared more for her than he had ever cared for anybody; that he could never love another woman, and he never would marry U 'bJU^ C0[/H5f L \\i CHIEF another woman, and that if she would not marry him he would never marry anybody else. And then H. K. T. said that he wanted E. N. to tell him about S. W. A.nd E. N. started to cry. H. K. T said he wanted her to tell him the whole thing and that he would not think any the less of her if she told it Lo him; that thereupon E. N. told H. K. T. as follows: that when she was about sixteen years of age she had met S. W. : that S. W. was a man somewhat advanced in years, and that at first his personal atteutioas to her denoted the utmost respect for her tender years, and the utmost solicitude for her welfare and preservation from all contamination, and that he had placed luraself toward her and her mother in the attitude of a benefactor; that she, E. N., had been brought up in poverty, having own with her mother and brother what it food and to have gone hungry; and her to entertainments and to ned or controlled which were after S. W, by this course lished himself with her r and brother-and herself, S. W. suggested to her ^f^oay a visit to friends in jiclnw mother with means to 'thift during the mother's absence care JiM^er, E. N , and would f iBat iK. w impressed upon strongly 111 at she should meet aiifl should be introduced to it' she mades. the acquaintance eport to htta, S. W,, that he mig ht de termine ,up4»u tLc propi^ty of the^ ac- Qufetanoe *5IIgLff^oqra,^e or discourage it as the \tca^e might require. ,. T|iac at this^fime she, E. N., OtLMAS 5 'u-as a chorus girl playing at a theatre in this city; that while the mother was absent from the city S. "W. invited her, E. X., to an evening entertain- ment after the theatre; that after the theatre she went to a house in 24th Street, in this city, where S. AV. had indicated to her that the entertainment would be, and that when she ari'ived there she found that S. W. was there alone and that though the table was set for four guests at supper there was no one else present; that S. "W. informed her that the other guests would not come and proposed to her that they sit down and eat; that they did sit down and eat, and that S. W. allowed her to have only one glass of champagne ; that after the supper was over S. \V. asked her to view other parts of the house; that he finally took her to ai room where there was a small table upon which\ stood a single glass and a small bottle of cham- \ pagne; that while her attention was attracted by '\ a picture S. "W. filled the glass with champagne and insisted upon her drinking; that she did drink it and in a minute or two a pounding began, in her ears, a thumping and a pounding and then the whole room seemed to go round and everything got very black and she lost consciousness; that when she regained consciousness she was in bed with nothing on but a little shirt and S. W. was in bed' with her nude, and that there were mir- rors all around the bed; that she was alarmed and screamed and S. W. tried to quiet her; that when she got out of the bed to reclotbe herself she saw large blot^ihes of blood all over everything and thereupon she began to scream more than ever and S. W. came back into the room and tried to quiet her ; that after she was dressed S. W. took her home to her hotel and left her and that she sat up all night and continued to sit up until the afternoon of the next day when HARRX K- THAW PEOPLED rXPfTO S. W. aijpeared at the hotel; that S. then kneeled beside her and picked up and kissed the edge of her dress, and that she vrould not look at him, and that he said to her that she should not be worried or upset; that she had the most beauti- ful head he had ever seen, and he would do a great many things for her, and that everybody' did these things and that that was all people were born for and lived for, and that she was so nice- looking and slim that he couldn't help it, and that she was so pretty and that only very young girls were nice, and the thinner they Avere the prettier they were; that nothing was so loathsome as a stout or fat woman; that everybody was doing these things and that she must be very clever and not be found out and made her swear not to tell her mother about it. That E. N. also told H. K. T. fcat S. W. after this occurrence in 24th Street eight or nine times thereafter had sexual Wcourse with her against her will by plying e/ excessively with wine and exercising over her mfluence of his strong personality. That the 'ej^cyupon H. K. T. of the foregoing was as fol- ujlii get up and walk up and down the a minute, then he would come and sit He would keep saying ' ' Oh, God, Oh God ' ' time and he bit at his finger nails and he S/ODDea, kept sobbing; the sobbing was not like crying, ,but terrible sobs. He kept saying, "Go go on, and tell me the whole thing." This scens^tween H. K. T. and E. N. lasted all niglit. During t\e linterv^iew H. K. T. endeavored to wiiether the mother of E. N. knew any- it tTT5~wcurrence and E. N. said to him ther dM not; that the mother, like a ^wmle, thought that S. W. was n, a>N>ery generous man^ kind- hearted and noble, and the mother wanted all people to think so. And when E. N. had said this H. K. T. made up his mind that the mother was simply very weak in her intellect and very fool- ish, and had been fooled by S. W. and said that it really was not the mother's fault, only that in the beginning she should have known better than to let E. N. go out with an old married man. H. K, T. also at that interview said to E. N. that any decent person who heard this story would say that^ it was not the fault of E. N., and that E. N. wa simply a poor, unfortunate little girl, and tlia^ he, H. K. T., didn't think any the less of E. N o^i account of it. And that he would always be h ' good friend no matter what happened. Thereafter H. K. T. and E. N. and her went to Boulogne and from Boulogne to Lon" and after remaining a time in London, H. K living at one hotel and the mother and E. N. at another, H. K. T. and E. N. left the mother, in London and went off together and made a trijD through the cathedral towns of England, and then,-,^^ went on to the continent where H. K. T. and E. N. traveled together living as man and wife, unat- tended except by servants; that during this trip for some time they resided together in an old Ger man castle; that they finally returned to Pari and that in October, 1903, E. N. left H. K. T. a came to America with money furnished her by K. T. That soon after reaching America, E. N. came into personal relations with S. W. and that S. W and friends of His informed E. N. that H. K. T. iiad been guilty of certain lewd and indecent acts with women, to wit: That H. K. T. had tied a cer- tain woman to a bed i^ost when nude and had flag- ellated her, and that he had on another occasion placed a nude woman in a bath tub and allowed 8 hot water to run upon her, which information was subsequently, and prior to the 25th of June, 1906, communi<;ated by E. N. to fl. K. T.; that soon after the arrival of E. N, in America, namely, within a month thereafter, H. K. T. arrived in America and visited E. N. at a hotel in the City, of New York; that E. N. at the first visit informed H. K, T. that he, H. K. T., had put a girl in a bath tub and run scalding water on her, and that certain people had told her that H. K. T. took morphine, and that he was crazy, and that he was in the habit of taking girls and tying them to bed. posts and beating them (p. 622) ; that thereupon H. K. T, shook his head sadly and said, "Poor little Evelyn (referring to E. N.) ; I see they have been making a fool of you." At that interview E. N. also said to H. K. T. that she had been to the office of a lawyer in this City and that there, there had been read to her certain parts of a document and a signature had been, shown to her and that it was supposed to be a suit that had been brought against H. K. T. by one of the women who had been treated in the manner above described ; that H-. K. T. had replied that it was a pure case of blackmail ; that there was noth- ing in it; that he would not pay any attention to it, and that if E. N. wanted to believe such things; slie could; that this interview lasted about ten min- utes, and that at it she, E. N., persisted that she would have nothing to do with H. K. T. ; that upon parting, H. K. T. kissed the hand of E. N. and said that no matter what she did, he, H. K. T., would always care most for her, and that she would al- ways be an angel to him (p.' 624) ; that about two weeks thereafter, E. N. was in a drug store in the City of New York, drinking an ice cream soda, when H. K. T. came in and said to E. N. that she looked badly, and that E. N. said she was not very well, and did not sleep at night; that thereupon H. K. T. said that E. N. ought not to put any rouge Upon her face, because she was not the type that could wear it; that it did not look well and that she should never tl;ink of putting any rouge upon her face; that it did not look nice; that there was at this time no reconciliation between H. K. T. and E. N. {p,,625) ; that thereafter E. N. and H. K, T. met on the street in this city and simply spoke; that shortly thereafter E. N. and H. K. T., to- gether with another woman met at a cafe in this city and; dined together (p. 627). At that time H. K T. said to E, N. that she looked badly and did not look as though she was able to dance or go into a play, and that he wished that E. N. would not go into the play called, "A Girl from Dixie," and that if E. N. would keep away from the theatre, he, H. K. T., would pay her salary and do- it through a third party, simply sending it to her merely for the sake of her health, not to go to the theatre, and in doing this, the manner of H. K. T. was very kind and nice; that E. N refused the offer just described; that just before Christmas, 1903, E. N. and H. K. T. with' the same woman, again met at the same cafe at-lunch, and had a conversation, and, at this conversation the woman who was at lunch with them, so far with- drew, that the conversation was private between H. K. T. and E. N. At that time H. K. T. asked E. N,.what the ditferent stories were that E. N. had heard about H. K. T. in connection with women, which had been mentioned by E. N. in her conversation with, H. K. T. , soon after his arrival from Europe, in November, 1903. There- upon E. N. told to H. K. T. a story about his, H. K. T., putting a girl in a bath tub and rimning scalding water on her, and about tying a girl to a bed pOst with a lot of rope and . beating her with a horse whip, and gave to H. K, T. the name SKETCH or nP5 THAU 5Y HETPSEILF 10 of the men who had told her <• these stories (p. 630), and she also told H. K. T. that S. W. had told her that he, H. K. T., took morphine, and that while under the influence of morphine he, H. K. T., would do these terrible things, and that H. K. T, had also repeated the story about the bath tub. Thereupon H. K. T. said, about the first story, to wit: The story of the bath tub, that ha could easily understand why the friend of S. "VV. had told it to E. N. ; that this man hated him and was a friend of S. W. and he said that the IJistory was crazy. As to the story about tying ar^girl. to a bed post with a lot of rope and beating her, H. K. T. said that he could not understand this man having told it and he said that about the 'stor-ies: that S. W. and the lawyer abov6 .fef erred /to had told E. N., that these tcoiJld jeaP^ro|»|yi^9Q4^of E. N. and oontini^ed to live Together as man wi|^; lhat from Jwie, 1903, until about the f 'Apth|^1905, T. renewed from time time his o-firl^« to m^rry E. N., which were al- i Tipo^i^e ground that E, N. had been suo^Kps^e sexually at the hands of would not be right for her to become ot H. K. T. because it would expose to derision or insult at the hands of the „/^. and others whom it was thought by E. of the treatment which she had re- .Cj^ed from S-i-W. ; that in the early part of 1905, the mother of H. K. T. consented to the marriage of E. N. and H. K. T. and that on or about the first day of April, 1905, E. N. consented to marry H. K. T., and that thereafter and on the 4th day of April, 1905, E. N. and H. K. T. were married in the City of Pittsburgh, Penn., in the presence of their respective parents; that after the marriage between E. N. and H. K. T. they went on a wedding journey and they spent the summer of 13 1905, with the mother of H. K. T., during which time H. K. T. seemed to be happy and peaceful; that in the Autumn of 1905, H. K. T. and E. N. came to the City of New York; that on several oc- casions H. K. T., while in the company of E. N., saw S. "W.-and that at these times he seemed much agitated and at least on one occasion grew very pale and stared fixedly at S. W. ; that on several occasions E. N. saw S. W. and informed H. K. T. that she had and the circumstances under which she had seen him and that when she informed him, H. K. T. seemed much agitated; that on the 25th day of June, 1906, E. N. and H. K. T. went to a restaurant with two male friends in this City to dine; that while there S. W., in company with t"wo men, came in and took dinner; that after leaving, E. N. wrote on a piece of paper, "The B. has been here but has gone out," meaning by B. "The Blackguard", which was the name commonly used between E. N. and H. K. T. in describing S. W: ; that after the dinner H. K. T. and E. N., with their two male companions, went to a place of en- tertainment in this City, said place being a roof garden, at which a theatrical performance was go- ^ ing on; that S. W. was present at said theatrical performance; that H. K. T. only had three seats, and that after seating E. N. and two male com- panions he went to the rear of the auditorium, and stood at the rear of the auditorium looking in the direction of the spot at which S. W. was sub- sequently shot. H. K. T. stood there about a min- ute or a minute and a half, and then approached the brother-in-law of S. W. and recognized him and entered into the following conversation with him H. K. T. said; ' ' That 's funny, isn 't it ? " " Why, ' ' said the brother-in-law, "what's that?" H. K. T. said: "Why, I could only get three seats on- the N V E> AM//N,F THO!?- A- QOf^CiAM sua journ/^ 14 roof here to-uiglit. " Said the brother-m--la\v: ' ' How is that ? Have you only bought admission for yourself?" H. K. T. answered: "Yes," to which the brother-in-law replied: "What are you going to do?" "Oh," said H. K. T., "I am go- ing to stroll to-night." H. K. T. then said: "Whose seat is that by you down there?" S. W.'s brother-in-law then said : "I don't know. I came in here a few minutes ago and I thought these two seats looked like pretty good seats to see everything that is going on, and I took one of them." H. K. T. then said: "These are very good seats. If you don't mind, I will sit down here by you for a while." "All right,-" said the brother-in-law, who hereinafter is designated as "S," "sit down." H. K. T. then sat down and offered S. a cigar, to which S. replied "No thanks, I do not smoke cigars." H. K. T. then said: "How is that? Don't you smoke at all?" S. said: "No; I am a very light smoker. Once in a while 1 smoke a cigarette and not very many of those." H. K.T. then said: "Well, have a cigarette," and he pulled a cigarette case out of his pocket and offered S. a cigarette from the case. S. took one, said: "Thank you." H. K. T. struck a match, lit the cigarette of S. and then lit his own cigar. After taking two or three puffs of his cigar, he said : "How do you like the play?" S. replied: "Well, I don't care very much for the play, and what I had seen of it, I thought was very slow; I don't think that it was the kind -of a play you need on a roof garden." "Well," said H. K. T., "it is very different from the plays we usually see on a roof garden, isn't it? The truth of the matter is that we see so much of the variety performances on the roof garden, it is rather a relief to see a play of this kind. I would not be surprised but what it would be a success." D DEL MA \heGloke- At4 0 15 "Well," said -'1 doubt it very nmcl} think it is going to be a great success^^va pla like that." After a few moments, H. K. T. sa' "What are you doing in Wall Street nowaday' are you speculating at all I ' ' S. replied : " No ; I don't speculate on the street at all. I haven't bought any stocks in some time. \Aniy, do you know anything especially good down there at the present timef" "Well^'' said H. K. T., think there is a great chance in the copper stocks — in Amalgamated Copper and one or two others. I think the Steel stocks are very good; I can never understand why the price of steel stocks kept down where they were. There is a company doing an enormous business^, paying enormous dividends, with more business than they ever had before and yet the price is kept down and I think very well of it for an investment. If I had any money to invest, I would put it all in steels and coppers at the present day and espe- cially the coppers, and any one who did would make a lot of money." S. replied: "I think very well of the steel stocks myself and I hold some, but I don't know very much about the coppers, but I have heard that they are very good invest- ments." Then H. K. T. said: "AVhat are you doing this summer!" S. replied: "Wliy, I am going abroad next Thursday." H. K. T. said: "What ship are you going on"?" S. said: "I am going out on the Deutschland.^' "Well," said H. K. T., "r don't care for that ship," "No," said S. "There are a great many people who do not care for the Dentschland, I know." H. K. T. said: "She breaks down too much for' me." S. said: "Yes, I know. It is not a very popular ship with a great many people. I like her because «he is fast and takes me over very cjuickly. I like her, besides, I know the Captain very well; he 16 OFFICEf? riTZPATf^ICK makes it very pleasant for me and also for my wife when she goes over and for that particular reason, I like her. I have had very good luck every time I sailed on her." H. K. T. said: "I am going to Europe very soon myself, and when I go I will go on the Amerika. I came out on her only a few months ago. I like those large suites of rooms they have on the Amerika." Then he said when he was going to Europe, he was going to have one of those large suites of rooms, he said, and it was a ridiculous price they charged for them — nine hundred dollars — and he thought he could be just as well accommo- dated in a four hundred dollar room as he could in the nine hundred dollar room. S. replied: "What do you want so much room for? There is nobody but yourself and your wife." "Yes," said H. K. T., "but I know that; but n I go to Europe, I like to have my meals in my own private apartments and that tates more room.'" "W^l said S., "there is something in that, of course, but do you know that they have on the Amerika a Ritz restaurant which is quite equal to eatii^g your meals at Sherry's or Delmonico's or the\ Waldorf Astoria." H. K. T. said: "Yes, I understood so, but it is not eiual to having your meala served in yowr wn private apartments.' S. said: "Well, I b'^pose that is so. That I have never tried. 1 dtftr't kj/ow anything about it." U.K. T. said: "Are you out in New York es," said S., "I left my wife in Paris, but I going to join her very soon and I am going on a motor trip for the summer." H. K. T. said: * * Are you very much married ? ' ' S. replied : ' Am 17 I very much married % Why, what do you mean % ' ' H. K. T. said: "Well, are you above meeting, a very nice girl?" S. replied: "Am 1 above meeting a very nice girl % "Wliy, what girl do you mean ! Is she here on the roof garden to-night?" H. K. T. replied: "Oh, no. She is not here on the roof to-night, but you know I expect to go away. I will be very glad to give you her address or arrange a meet- ing if you would like." "Will you," said S. "What kind of a looking girl is she?" H. K. T. said: "She is a buxom brunette, not particularly good looking, yet a very nice girl." S. said: "I am very much obliged to you, but I would not do anything of the kind." "Well," said H. K. T., "I am sorry, I am sure she would like to know you." H. K. T. then said: "Do you know the men of my party to-night?" S. said: "I see you^have with you Mr. McC. and Mr, B. Have you not?" and H. .K. T. said: "Do you know them?" and S. said: "T have known Mr. McC. for several years, but Mr. B. I only met this afternoon at my club. Mr. McC. and I were talk- ing together in the club and Mr. B. came in and he went to ]\Ir. McC. and sat down by him and Mr. McC. introduced me to him and we sat there talking some little time. It was the first time I ever knew Mr. B. " " Well, ' ' said H. K. T., ' ' that is a funny thing that you have never met Mr. B., but you know he is a very prominent dan and a very fine man and I admire him very much. Do you remember an occurrence that took place sev- eral years ago; in fact, a good many years ago, where there were two men and a woman. One of the women — no, you would not remember any- thing about that. You were entirely too young 18 in those days. You would not remember any- thing of that kind. " ' * Well, ' ' said S., " what case do you mean? What case are you recalling?" ' ' Oh, ' ' said H. K. T., ' ' no matter. You were too young in those days. Y''ou would not remember anything about it." "Well," said S., "I am not perhaps so young as you think I am." "Well," said H. K. T., "How old are you?" Said S.: "How old do you think I ami" H. K. T. looked at S. and said: "I don't know. I put you down at thirty-two or thirty-three." xJWell," said S. "You are like everybody else, great deal younger than I am." , T., "How old are you?" "I have some time since birthday." "What?" said uld have believed it. You akin^>HHg^^for "Well," s "Well," said passed m^ H. K. T. sufrprise Said g / that resp and look tion of t shot. Ai K. T. tu a minute motionin Exhibit looking tion of shot. When H. K. T. reached what on People's Ex- hibit "I "lis indicated the 26th Street aisle, he, H: K. T.,lpassed al^g it in the direction on Ex- hibit "I"nndicaJ^ as the West to about the spot on said eklutfit indicated as the entrance and then turned^ and looked in the direction of the spot whei\e subsequently S. W. was killed, yoiN^p^ like everybody else in K. T. t^en got up from his seat e's heads, in the direc- 5F!rt«Jsiii£li.SNw. was subsequently ng there foi\^ few moments H. edxto S. and said, "EVusc me, will you, 1 anv. going down .in tois direction," — down\he aisle designaded on People's ^ ' 1 ", ^as tii5>-^Iadison A.venue aisle — s h^|?^s^sed along that aisle in the direc- he/^ot wlier5"-S, W./Was subsequently AND 19 for some few moments, and then retraced his steps, and while retracing his steps, continued to look in the direction of the spot at which S. W. was subsequently shot; retracing his steps in the way indicated, H. K. T. passed Smith, and in passing him nodded and smiled pleasantly and went over and sat down beside E. N., his wife. When H. K. T. sat down beside E. N., Mr. McC. got up and joined S. and in three or four minutes H. K. T. left his seat beside his wife and came to where Mr. McC. and S. w6re sitting. Mr. McC. rose to give H. K. T. his seat and thereupon H. K. T. put his hands on Mr. McC.'s shoulders and said, "Oh ! don't get up, McC, I am not going to sit down just now, I am going down here, ' ' mo- tioning in the direction of the aisle indicated upon People's Exhibit I as the Madison Avenue aisle. H. K. T. proceeded down said Madison Avenue aisle, looking to his left, in the direction of the spot where S. W. was subsequently shot, and continued along the aisle indicated as the 26th Street aisle on Exhibit I, until he reached the point on said Exliibit indicated as the en- trance; whereupon H. K. T. turned around and stood for a few moments looking in the direction of the spot where S. W. was subsequently shot. H. K. T. then turned and went out of the en- trance indicated ujDon said Exliibit and was gone for two or three minutes, and returned along the 26th Street aisle as indicated on said Exhibit, un- til he reached the stairway indicated in the south- western corner of said Exhibit I; he then went up said stairway to a gallery overlooking the auditorium, and remained two or three minutes, when he returned from said gallery and passed along the aisle indicated on said Exhibit as the Madison Avenue aisle to where S. was seated, and while passing along the Madison Ave- fi(/^Ui^ ^^^^ 20 aisle to where S. was seated, H. K. >(5T^ed in the direction of the spot where ^^"~^s subsequently shot. H. K. T. passed and went to the seat occupied by his wife and wo male companions at a spOt indicated upon People's Exliibit I by a circle, which circle has marked alongside of it the letter ''A." When H. K. T. passed S. in joining his wife as last de- scribed, he smiled pleasantly and nodded. Wlaen H. K. T. joined his wife and party, they began at once to make preparations for leaymg the the- atre and started to leave by passing along, the Madison Avenue aisle and from thence along the 26tli Street aisle to the entrance as indicated upon Exhibit I. E. N. with Mr. McC. were in advance and Mr. B. and H. K. T. followed them, and as they passed along the Madison Avenue aisle, H. K. T. was looking to his Ieft» Mr, B. dropped behind H. K. T. and spoke with a friend. H. K. T. proceeded along the Madison Avenue aisle and then along the 26th Street aisle until he reached a portion of the 26tli, Street aisle indicated upon People's Exhibit I by a red line running north and south. That when H. K. T. reached that spot, there .was a table about eighteen or twenty feet to his left, at which was seated S. W., which said table is indicated upon People's Exhibit I by a blue cross. Tliat at that time S. W. was seated at said table with his right elbow upon the table and his head resting upon his right hand, with his face directed toward the stage of the theatre, as the same is indicated upon People's Exhibit 1. That H. K. T. walked from the point that he had reached in the 2Gth Street aisle to said table, and with a self -cocking loaded revolver held close to the head of S. W. discharged into the body of S. W. . three shots in rapid succession, two* of which took effect in S. W.'s head and one in the WHAT HAiPp-^K^D To OOR- JTAF-F A PO"!^ T vvH^ N ~rTtjE D TO QETT l MTo TH^CoC/fCT "pi^oo/^ 5ke:tch by I I 21 neck, two of which shots were fatal. That there- upon S. W. at once fell dead upon the floor. That there were present at this time in said thea- tre a considerable number of people viewing the entertainment, and that immediately upon the shooting H. K. T. raised the revolver in the air. unloaded it by opening out the other cartridges, spread out his hands towards the audience .and with the utmost coolness and deliberation walked away from the scene of the killing holding the pis- tol by the bai'rel with the butt uj^wards; that H. K. T. walked in the direction of his wife who was standing in the twenty-sixth street aisle at or near the elevator as indicated upon exhibit I ; that there was then and there a fireman in uni- form; that he passed behind H. K. T. and took the revolver out of H. K. T.'s hand and took H. K. T. into custody; that H. K. T. gave up the revolver without resistance and submitted to the arrest without any inquiry as to the cause of it, and as H. K. T. yielded the revolver to the fire- man H. K. T. said, "He ruined my wife," and then as H. K. T. reached his wife, E. N., she said : "My God, Harry, what have you done, what have you done?" And then H. K. T. leaned over and kissed her and said, "It is all right, I have prob- ably saved your life"; that H. K. T. manifested no agitation and that the step had been slow and measured, his countenance pallied and his eyes starting from their sockets; that thereupon the fireman who had H. K. T. in custody transferred the custody of H. K. T. to a~civilian who was the engineer gf the theatre, and when this was done H. K, T. and the engineer were close to the eleva- tor down which it' was necessary to go in order to reach the street; and that H. K. T. then said to the engineer, "I have got to go down the eleva- tor anyhow, can't yquj;iike me npw^^^on't wish 22 to annoy these people'"; that thereupon the engi- neer and H. K. T. went down in the elevator and as they stepped off a police officer in uniform ap- peared and the engineer said to him, in the pres- ence of H. K. T., "Officer, here's your man." That H. K. T. turned to o^e of the gentlemen who had been in hrs party and requested him to take E. N., the wife, to her hotel and to telephone to his, H. K. T.'s, brother-in-law. That thereupon the police officer took H. K. T. into custody and asked him if he had shot S. W. and H. K. T. said that he had ; the officer then asked him why he had shot S. W. and he replied, "He ruined my wife." That thereupon the police officer and H. K. T. left the building in which the theatre was and met another police officer to whose custody the first officer transferred H. K. T.; that the second offi- cer asked H. K. T. what he, H. K. T., was turned over to him for and H. K. T. said, "Take me away from the crowd liere." And said "Officer, will you protect me?" there being then a large crowd about them. The officer replied that he would and thereupon H. K. T. said "Take me to the station house, and when 1 get there 1 will tell the captain or the sergeant what the trouble is." The police officer then said, "All right" and took H. K. T. to the police station house where H. K. T. was arraigned before the desk of the police sergeant; jthat on their way to the station house they were joined by another police officer of tlie rank of roundsman. While standing in front of the desk at the station house H. K. T. was searched by a police offi.cer. At that time the roundsman who had joined H. K. T. and the other officer on the street said to H. K. T. "So you did some shoot- ing?" and H. K. T. replied, "Yes." The rounds- hen said, "Did you hit thejiarty you fired (XLs. /?rpoPTf:p5 23 at?" And H. K. T. said "Yes, I think I did." The roundsman said, "Was it a man or a woman?" And H. K. T. replied, "A man." On the way to the station house the officer who had H. K. T. in custody asked him if H. K. T. had done any shooting in the theatre to which H. K. T. replied, "I did." The officer then asked him who he shot and H. K. T. replied, "I won't tell you, there are too many around, there are a lot of reporters around and too many people, I will tell you wh^n I get to the station house." H. K. T. then asked the officer for a match to light a cigar and offered a cigar to the officer. When H. K. T. was arraigned at the desk in the station house he was asked by the sergeant of po- lice his name, and H. K. T. stated that it was John Smith, that he was 33 years old, was white, born in the United States, that his business was that of a student; that he lived in 13 Lafayette Square, Washington, D. C, and that thereupon the de- fendant was placed in a cell in prison, and has remained continuously in prison until the present time; that the appearance and conversation of H. K. T. from the time he was taken into custody in the theatre until he was locked in his cell, was rational in the opinion of the successive police officers who had him in custody and who had con- versations with him. That Exhibits A to I were written by the de- fendant in the period between the early or middle part of October, 1903, and November 15th, 1903; that H. K. T. executed his will and codicil, being respectively Exhibits L and K, upon -the 4th of April, 1905, upon 'the day E.' N. and H. K.* T. were married; that Exhibit P. was written by H. K. T. early in 1906; that during. the entire period here- tofore herein described during which E. N. knew H. K. T. and jyas in close as^^ation with him. V. T. never either in his acts, conversations or j(con(luct ap])eared to E. N. as irrational save and '||excopt when S. W or men wliom he, H. K. T., jiad been informed were closely connected with S. W. in the various practices, were mentioned, but from the time that E. N. told H. K. T. in Paris in June, 1903, about her relations with S. W., H. K. T. was incessantly, when with E. N., referring to the details of such relations and was continually asking E. N. about the same and in- sisted that E. N. should tell him about such de- tails; that H. K. T. would at times awaken at night and awaken in turn E. N. and insist- upon talking with her about the acts of S. W. ; that prior to the 25th day of June, 1906, it appeared tliat H. K. T. believed that by his efforts S. W. had kept him out of certain social clubs m the City of New York. E. N. also told H. K. T. that she had gone to a law- yer's office in New York as hereinbefore in- /licated, and H. K. T. thereupon went to see his own lawyer because he, H. K. T., was agitated about the interview (p. 733). H. K. T. after his arrival from Europe in 1903 closely questioned E. N. about her relations with S. W. and said lawyer, and accused E. N. of having improper re- lations with S. W. from the time that E. N. had arrived in America in 1903, to wit, October 24, 1903 (p. 737). E. N. accepted H. K. T.'s offer of marriage on or about the 1st of April, 1905. Whenever E. N. and H. K. T. talked together about S. W., H. K. T. would always get excited and would sob and bite his nails (p. 754). E. N. also told H. K. T. when in Paris in 1903 that she had been sent to school in New Jersey by S. W. and her mother in order to break up a love af- fair between herself and a certain young actor in the Citv of New York of whom she, E. N., was HOMEP DAVENPORT MAIL 25 very fond, this young actor wanting to marry her, but S. W. disapproved of such marriage. In May, 1906, E. N. told H. K. T. that S. W. had had a conversation with a certain actress and had said to this actress that he, S. W., did, not believe that H. K. T. and E. N. really did care for one an- other (p. 1282) ; and that when the actress did assure S. W. that they did, S. \V". had said it would not last and had said, "I'll get her" — re- ferring to E. N. — "back"; and that thereupon H. K. T. had said that he, too, had been given this same infoimation by the actress; that after the marriage between E. N. and H. K. T., H. K. T, constantly referred to the occurrences between E. N. and S. W. which E. X. had described to hirn as above narrated in Paris in 1903. H. K. T. was always talking about it. lie would awaken E. N. in the middle of the night, would sob and bite his nails and would constantly ask E. N. about some detail of the terrible thing (p. 1286). In 1904, E. N. told H. K. T. that she had met'S. W. at the- room of a certain actress who was ill and that S. AV. had tried to take some liberties with her (p. 1287) ; that during the married life uf E. K^. and H. K. T., H. K- T. said to E. N. that all her unhealthiness had come from her re- lations with S. W as described hereinabove (p. 1288); that in the early part of 1906, H. K. T. showed E. N. exhibit P. and gave it to her to read and informed her that the paper was ad- dressed to a certain society in New York City engaged in suppressing vice or crime, and H. K. T. said that he did not seem to have much suc- cess and that he met with a great deal of opposi- tion and that E. N. then told him that he always would; that S. W, had a great many influential friends, very rich men — far richer than H. K. T. — so that they would stop or manage to DPAWlNCi or nP5 EVCLVri TliAW HERSELF 26 stop anything he tried to do, and that she, E. N., did not think that H. K. T. would he successful, as S. W. really did have a good deal of influence in New York City. In 1903, in Paris, H. K. T. asked E. N. what other girls she knew of who had suffered at the Hands of S. W. and E. N. told him of the ones that she knew of and mentioned a certain story of a "pie girl"; that this girl was very young atfd beautiful and had 3 > introduced jiractically nude at a dinner (in a pie, and that S. W. had talked with \\ about it and had told her that he, S. W., [oiisidcred it one of the best stunts that he, S. \, had ever done (p. 1293) ; thereafter,' and in the. year 1905 or 6, H. K. T. informed E. N. that he, H. K. T., had found out more about this lit- tle girl, the "pie girl," and that she had died in great poverty and want, and that S. W. had never bothered to do anything for her (p. 1304) ; that there were constant conversations at this time between E. N and H. K. T. in which H. K. T. told E. N. about S. W. ruining other girls (p. 1305); these conversations were largely after the marriage of E. N. and H. K. T. at which time H. K, T. expressed his desire to cause S. W. to be put in prison, and H. K. T. urged E. N. to help him in putting S. VV. in prison for his acts in rela- tion to young women and E, N. asked him what she could do, saying that she could not tell about her- self, that she could not make a public scandal, and H. K. T. insisted that she should help him and do everything she could (p. 1306). At these times H. K. T. informed E. N. that he knew of two or three cases of girls that came from very good families that had suffered at the hands of S. W. and that S. W. not only disgraced them for life but in the end they became prostitutes and II. K. T. said that was the terrible part of it, thai V/I?l AMD you miglit as well send a woman straight to lie!! as make her become a prostitute (p. 1307). In Paris in 1903, H. K. T. was continually discussing with E. X. her former relations to S. AV. and asked her for all letters which had passed between her and S. W., which letters E. N. gave to H. K. T.; that before going to Paris in 1903, E. N. had met S. W., and S. W. was a man of the kind that as a friend nobody could be nicer, who was kind and considerate and E. N. told H. K. T. that outside of this one terrible thing in her relation to S. W., S. W. was a very grand man and that he was extremely kind and considerate, and extremely thouglitful — much more thoughtful than most peoi^le — and had a very ])eculiar personality and a very strong personality and people liked him very much, and he made a great many friends and kept them and that they were always unwill- ing to believe evil things about him until they actually found them out and that then they were very sorry and that they could not understand To this H. K. T. replied that it only made S. more dangerous to the community because 1; this personality he would entrap more people as the years went on and would get worse indulging this terrible passion which he had for voung girls (p. 1743). That after H. K. T. and E. N. in 1903 had traveled about as man and wife on the Continent and had returned to the City of Paris, H. K. T. prepared certain cablegrams to S. AV. which he showed to E. N., which in substance was to this effect, that S. W. should use his influence to keep the mother of E. N. from raising troulile in Lon- don with a man about E. N. and H. K. T. going off together on to the Continent (p. 1822 ct scq.). When E. N. told H. K. T. in Paris in 1903 the story hereinbefore mwrrated of her relations witlf 1 A 6^ 128 S. W., the conduct of H. K. T. was not at all the conduct of an insane man, but it was the conduct of a man outraged about a story of wrong done to one whom he loved, and there was nothing in the conduct of H. K, T. at that time that im- pressed E. N. as being other than rational (p. 1899). After the return of E. N. and H. K. T. to America -in 1903, H. K. T. made E. N. promise that whenever she saw S. W. she would tell H. K. T., and E. N. complied with that promise, and on occasions told H. K. T. that she had seen nd when E. N. so told H. K. T.. H. K. T. d excited. 19U4, or January, 1905, E. N. aTid ether in a theatre, in a box, and box opposite with some friends. T. looked very steadily- at the S. W. was and his face was very eyes bulged and he looked wild, and N. told H. K. T. that unless he took !^e box in which S. W. was, she, save the theatre, and then S. W. left That this mother noticed a change in his condi- tion about the 18th of November, 1903. He was absent minded and looked as if he 'had lost inter- est in everything. He would leave the table and 1^ S HBRfiCO go to thp drawing room and play the piapo, vio- lently at first, and then softer and softer, and then return to the table. That H. K. T. had in lood learned to play the piano and was very fond of music and of playing piano. That he would not sleep well nights. That his mother during the night sometimes heard smothered sobs coming from his room, and sometimes she would go into his room and find him sitting up dressed at three or four o'clock in the morning. He fi- COUPT 29 nally told his mother that the worst man in the world had ruined a young girl he was interested in, and he thought she had the most beautiful mind of any person he had ever known. That she had been neglected or this would not have hap- pened. On Thanksgiving Day, he cried in Church as the choir was singing Kipling's Recessional Hymn. A deluge of tears fell on the programme and on the way home he told his mother that he suddenly thought that if it had not been for that man she, E. N., might be with them that day. That H. K. T. after the 25th day of June, 1906, was confined in the City Prison in the City of New York and was indicted for murder in the first degree, being charged with the killing of S.< W. That on the 26th day of June, 1906, H. K. T. engaged a firm of lawyers in the City of New York to represent him in connection with said indictment; that at some time prior to August 4th, 1906, 11. K. T. changed his lawyers, and thereafter was represented in connection with said indictment by other law- yers. That prior to said change H. K. T. was visited in prison by a certain doctor this city, hereinafter designated as Dr. A. McL. H. That on August 4th, 1906, a certain doctor hereinafter designated as Dr. E. visited H. K. T. in the City Prison; that upon that visit H. K. exhibited a peculiar facial expression; that had a glaring and listlessness of the eye, and suspicion of his surroundings; that there was nervous agitation and restlessness ; that he spoke/ rapidly, in a hurried manner. That H. K. T. said^^ to Dr. E. that he. Dr. E., had different eyes from Dr. A. McL. H.; that Dr. A. McL. H.'s eyes sug- gested insanity to H. K. T. That H. K. T. said "T have been subject to the efforts of a con- 30 E\/ELVN NE3f3IT "THAV/ gv — spiracy. He then named a certain lawyer fn tliis city, Lew Delafield (thereby meaning Lewis Dela- field, a certain lawyer in this city) and the firm of Black, Olcott, Gruber and Bonynge, (who were at st his attorneys when indicted) and said hey are in a conspiracy with Jerome (meaning ^ 1|li^^eby the District Attorney of the County), so yiii'io yelose up this matter (referring to the pro- ' "''^n for the killing of S. W.) and railroad me ^^sylum. They want to declare rae insane, 'i^oon't want me to come to trial where I may dicated, and where I may tell to the Court ^Jljiry all that there is in this matter." ^>^. T. further said that this conspiracy had ^ ^ — eh formed, and that S. W.'s friends desired j^/ that this should be and that they had access to Mr. Delafield (the Lewis Delafield above referred Yl/sl'^'-^i f Black, Olcott, Gruber and Bonynge and ^^■J^d^^ljeen^ to the District Attorney's Office, and ^(^y,^^^h^y tlie conspiracy was to close the matter up ">. ^ Wuictl aiid ' defeat any effort to show court and ^^;^;^;3ury,'^nd the world, the infamous conduct of ^' -'^^'-"^f^r'W. At- this interview Dr. E. observed as an indisputable fact that H. K. T. continued to tell of S'. W. and the women that S. W. had ruined, saying that S. W. had raped, drugged, poisoned and seduced a great number of young and inno- cent women, and that there was a conspiracy to prevent him, H. K. T., from being vindicated. Upon August 21, Dr. E. again visited H. K. T. in the City Prison. At that time IL K. T. Was not melancholic; his condition of mind was rather of exhaltation and revolt than submission, and against the persecutions which he believed were being heaped upon him. H. K. T. repeated the same story of conspiracies as at the first visit. He said that he slept well when liQ got to sleep, but that sometimes* it would PROMJNrNT Vlb]T0P6 31 take him an hour or more to get to sleep. Re- ferring to his -Statement that S. W. had ruined innocent girls, II. K. T. said that he had tried to save them; that he had done all in his power to save the innocent victims of S. W. That he did not want to kill S. W., but through legal means to bring him to trial. That H. K. T. said, "I never wanted to shoot that creature (referring to S. W.), I never wanted to kill him, I never liatl any desire to kill him; that I knew he was a sinful creature and that he was deflowering the daugh- ters of motliers and fathers of America," and he spoke especially of and finally of and continued airC said, "I did want through legal means to bring h (referring to S. W.) to trial. I wanted to bring him to a court so that his criminal doings might be brought up to the public and that he might be br-ought to justice and suffer for that which he had been doing." Dr. E. said, "1 know, but it did not result in that way," and H. K. T. replied, "No, Providence took charge of the situation. This was an act of Providence. Had it been my judgment I would have preferred for liim to have suffered the Immiliation, and all that comes from laying this matter — his doings — before a court and before the public." Dr. E. said to him, ""V^Tiat did you do; wliat did you do to bring it before the public?" And H. K. T. replied, "I went to Mr. Comstock (meaning thereby the chief agent of the Society for Suppression of Vice) ; I went to Mr. Jerome (meaning the District Attorney) ; I went to the Pinkerton people and their detective agencies, and they reported back to me. Mr. Jerome said I had better let it drop; that there was nothing in it, but the Detective Agency said that they would work further on it but did not bring any report which warranted me or enabled mmi C(MT ATT/\C^1D 32 me to bring action against S. W. in a court of law" (pp. 1163-1164). H. K. T. also said that there was a Mr. P. associated with S. W. in deflow- ering maidens and innocent women, not only those who were actually pure, but the whole of those whose mental trend was towards purity and up- rightness cf conduct, and that when S. W. could not seduce such girls in the ordinary way, he would seduce them by wine and' drink or the use of drugs or knock-out drops of such amounts as would render those young girls incapable of pro- tecting themselves and of asserting their will power. H. K. T. stated that he carried a revolver be- cause a Pittsburgh detective had advised him to do so; that the detective had advised him to do so after he had told the detective that on several occasions a gang of thugs jostled and endeavored to get him into a quarrel' or street brawl, and he told Dr. E. that \ these people were the hired agents of S. W., who did not personally want to take upon himself the responsibility or danger of attacking, him, H. K. T., but had hired the gang to get him into difficulties so that he would do something that would enable them to kick him to mutilate him on such occasion. H. I think it is an easy proposition," stating that he had no intention of shooting S. W. "The shooting of a man," he said, "I think is an easy proposition; anybody can take a gun and shoot. I wanted by legal processes to bring him to justice, but this act of Providence came in and settled the matter in its own way." That upon September 19th, 1906, Dr. E. again visited H. K. T. in the City Prison. Upon this visit, Dr. E. was accompanied by another doctor, who was a friend of his, and H. K. T. seemed sus- picious of that doctor. At one oflAhe' visits of Dr. E. to H. K. T., H. K. T. |aidiH^re might be coumy DfTfTCTfvf: two or three hundred people found who would call him insane, or crazy, but that he did not think they could prove it, and he asserted that be was not insane. H. K. T. had refused to let Dr. Mac, and had re- fused to let three doctors employed by th,e Dis- trict Attorney, examine him, immediately after the day of the shooting of S. W., because lie said they were in a conspiracy with the District Attorney to run him into an Asylum; that at this third in-' ter\-iew H. K. T. said that he had no thought of taking S. W.'s life himself, but when he came upon him in the theatre on the Roof Garden that night, that Providence had taken the matter in hand, and thereupon he was asked by a docto if be did not think that was a harsh way, and if it was not a bad way for him, H. K. T. per- sonally. H. K. T. replied, "I think that was the better way, because now he is permanently re moved, and if he (referring to S. W.) had gone to prison he might be pardoned out after a time and renew his practices." That upon the twenty-second of Septenio6r 1906, Doctor E. visited' H. K. T. in the /ci Prison ; H. K. T. then displayed a glare of eye; that he was restless and nervous and played a restless throwing of the head an(3 a picious glancing at everybody and every about him; that on the 27th of September, Doctor E. again visited H. K. T. in j^fe Prison, together with Doctor W. ; was stripped, and that thereupon W. examined him; that they ma^ a of the following character I. As to general nutrition 2. As to the skin; 3. As to scars; 4. As to conformation of NR5-V/UMM THAW BY 34 5. As to reflexes; 6. As to heart; 7. As to pulse; 8. As to organs of generation; 9. As to muscular co-ordination; 10. As to search for evidence of drug habit; 11. As to search for syphilis; 12. As to search for tremors; X§. As to search for spinal disease; 14. As to anesthesia, or hyperesthesia; l4 As to response to suggestions; lo. As to general manner of conduct while be- iLig examined; 17. As to character of memory; 18. As to various senses; 19. A3 to condition of cranial nerves; 20. As to his power of recollection; 21. As to his power of perception; .22. As to his muscular co-ordination so far as locomotion was concerned ; 23;7A8 to co-ordination of muscles of the arm; ■■!$4:. As to the ordinary test for eyes; - 25» As to the Romberg test, as to the Babin- sky and Plantar reflexes. The result of such physical examination of H K. T. was as follows: 1. The general nutrition of the body appeared to he good ; 2. There was nothing about the condition of the skin that was abnormal; . 3. That as to scars it appeared that upon the penis there was a scar which looked as if the operation of circumcision had been uoskillfully performed, and there was in the groin a scar such as might have resulted from an abscess; 4. As to the conformation of the head, the general shape of the head showed nothing to at- 35 tract attention, except that just below the occipi- tal protuberance there was an unusual and very marked depression, and below this depression was another elevation or protuberance something on the order of a similar occipital protuberance, entirely lower than the occipital. The protuber- ance of the occipital bone is, as a rule, to be found (p. 1088). 5. As to the reflexes, the patella reflexes were found to be slightly exaggerated ; the plantar re- flex was unusual, in that it was above the aver- age (p. 1092). The reflexes of the eye were nor- mal and the response to the consensual test was norma] (p. 1093). In the response of the ankle, known as the ankle clonus, no abnormal condition was observed (p. 1094). The chremasteric or testicular reflex, tested by running the fingers up the inside or down the inside of the thigh sud- denly, from which results, in the normal man, a drawing up of the scrotum, was rather tardy and not as responsive as the normal (p. 1095). In a test of the abdominal skin reflex there was an unusual sensitiveness over the upper part of the thigh up to the navel, the approach to any part of the anatomy anywheres near the sexual or- gans caused muscular contraction and great ner- vousness on the part of the subject, so much, that his general attitude towards the examiner was an apprehension of danger (p. 1096). 6 & 7. The test of the heart and pulse, showed a very nervous pulse; the irregularities of the heart consisted in its changing the pulse rate four times during the minute, varying from twelve to twenty-four beats; there was no evidence of any valvular disease of the heart. 8. The organs of generation were examined and no evidences of any form of venereal disease were found except that there was some scar tissue BY— 36 which appeared to be the result of a bungling circumcision. 9. So far as muscular co-ordination is con- cerned, H. K. T. was required to walk across the /i^jn and back with his eyes open, then with his <^yes shut, and turn suddenly; then he was re- quested to stand on both feet together and stand erect with his hands beside him; he was then re- quested to stand with his eyes closed to determine if there was any unusual swing; he was then re- quested first to stand on one foot and then on the other, all of which he did and there was no evi- dence of abnormal muscular trouble or muscular inco-ordination. He was then directed to extend his arm and touch the tip of his nose with his eves open and then with his eyes shut, and then with his right and then with his left arm. He was then asked to let his hand out with his . fingers extended. The result of these tests was to show that there was no muscular inco-ordination, noth- ing that was abnormal. 10. Search for evidence of drug habits. There was nothing in the physical inspection of H. K. T. that showed that he had been subject to any drug habit. 11. Search for evidence of syphilis. Nothing 1 the physical examination of H. K. T. showed that he had had syphilis. 12. Tremors: A careful examination for trem- ors both coarse and the finer fibrillary tremors, disclosed none except a slight rustle between the hands when H. K. T. would hold his hand between the hands of the physician. 13. Evidence of spinal disease: There was nothing that disclosed in the physical examina- tion, any spinal disease. 14. As to anesthesia, or hyperesthesia, there was nothing that indicated either. 15. Response to Suggestion. That so far as the response of H. K. T. to suggestion was concerned he seemed to prefer to pursue his own line of thought rather than that of the examining physi- cians. 17 & 18. Character of memory and various senses : The memory of H. K. T. in this examina- tion appeared to be good and his various senses appeared to be normal. 19. Condition of cranial nerves: A. test of the cranial nerves showed no abnormality. 20. The power of recollection of H. K. T. ap- peared to be normal. On, September 29th Drs. E. & W. again saw H. K. T. in the City Prison. H. K. T. was calmer in mood and less suspicious, but still showed much nen'ousness, but in a general way was more com- posed and courteous and appeared to have no ap- prehension of danger so far as he himself was concerned. On October the 1st, 1906, Dr. E. visit- ed H. K. T, again in the City Prison. H. K. T. was extremely cordial and had a long heart-to- heart talk with Dr. E., such a talk as a brother or. an intimate friend has. At this interview H. K. T. still somewhat wanted to dictate the line of conversation, and it was a short visit. On Oc; tober 8th Dr. E. again went with Dr. 'W. to visi' H. K. T. in the City Prison and had a protracted conversation with him, lasting about two hours. That in the third visit in the City Prison with H. K. T. last above detailed Dr. E. and Dr. AV. went together with one of H. K. T.'s then lawyers to the Prison. H. K. T. entered the room with a large box under his arm and a standing collar, unbuttoned in front, one part of it standing out one "way and the other standing out the other way, with much nen'ousness and agitation and^with a nK5 ]3 stare of the eye and a quick speech as if one word would tumble over the other, and said, looking at Dr. E., "How are you," and he then looked at a Dr. B,, who had also come with Dr. W. and Dr. E., and passed very quickly the courtesies of the day, not being abrupt to the point of being in any sense offensive, but not giving the greeting that a man expects when he meets some one by engage- ment. H. K. T. turned to his lawyer and said, "I want those papers." His lawyer said, "I can- not give them to you now." H. K. T. then said, "I want them now." His lawyer said, "I cannot give them to you." His lawyer said this quietly, and in a very soothing manner and tone of voice ^f.id to him, "I will tend to that, you go on with e doctors, I will bring the papers later. " " No, ' ' id H. K. T., "I have got to have them now, I e got to look over these papers and have got I J have these papers to look over and refer to (hem and look into them." His lawyer said, 'Now, I will tend to them." H. K. T. said, "No, [ Want them right away. ' ' *jrhe lawyer spoke in a gentle way and with a southing manner so as to placate H. K. T. and rfiake\im feel comfortable about them. H. K. T. 's manner was of one making a demand, as if he'x^uJd brook no argument or postponement Q^MS demands. His eyes were set upon his lawyer " when he iaddressed him. His lawyer also said, tallying to him. like a brother talking to a brother, that he would bring the paper's to-morrow, but H. K. T. said "No, to-morrow won't do, I want them now ; they have got to be looked over now ; - I have to look after them now." His lawyer then said firmly and kindly "Well, I cannot give them to you now..'' H. K. T. turned to the Doctors in an excited manner and said, "There will be no examination to-day, I am very sorry. Doctor Dr. E. said, "^Vhy, Mr. H. K. T., it does not mat- ter, "whatever is your pleasure in this matter, we wish to observ'e." H. K. T. then went to the door and when the oflScer opened the door, went in a nervous manner out of the door in the direction of his prison cell. That when on the 17th of August, 1906, H. K. T. was visited in the Tombs by his family physician, who had known him for many years, that at that time H. K. T. had a se- vere cold, that he had put up a newspaper on the grating above the door of his cell to prevent the wind blowing in, which is contrary to the prison regulations ; that the Tombs attendant had ordered it off; that H. K. T. then became excited and said he had a cold which, in reality he did have and said. "If I get pneumonia here, you will get written up in the New York papers and it will not look very good for your management here," and he said they were just having that wind blow so that he would get pneumonia and die and then there would be no trial. He said that his pulse had been acting badly and possibly that was something that had occurred since the act of Providence. SL*fdUoct ^^^^ ^ w — — ^ /Y ft . . yJ . ^ c/L^'^ ^ /> ^f•Y >5UHDAY AMEK1C>^K T HADDDN TOWER i I