That while the defendant was at St. Vincent’s Industrial School for juvenile delinquency, at work in the laundry, he told Mr. Minor that if his father didn’t get him out in February, he would burn his father’s buildings when he got out.
Now, doctor, assuming all these facts to have been proven in this case, from your experience in the treatment of and knowledge of imbeciles and idiots, from your skill and expert knowledge, can you express an opinion concerning the mental condition of Jean Gianini at the time of the killing of Lida Beecher, on the 27th day of March, 1914?
By Mr. Thomas: If the Court please, I object to the question as improper in form and that it concludes with assuming all these facts to have been proven in this case, and that it is not an inquiry which can be properly permitted to be put to the witness here. That, in addition, it does not correctly state the evidence, and that especially this part of the question is improper—“That she showed no grief, and her general condition was such as he described at the time he was treating her,” referring to Dr. Weeks, and further it assumes incorrectly the time that the defendant encountered Miss Beecher, near the Post Office on the 27th day of March, 1914, which is stated here to be about a quarter after seven.
By Mr. Hirsch: What time do you say it was, Mr. Thomas?
By Mr. Thomas: The proof varies from seven to seven six. And it is incorrect in assuming facts not established upon the evidence, that he cut her repeatedly to the extent of about twenty-four times with a knife; and in those respects to which I have called your Honor’s attention, the question is improper, in that it assumes facts not proven, that it is improper in form, and the concluding paragraph, with reference to which I have called your Honor’s attention, is improper and incompetent; and that the question is incompetent in that it does not call upon the witness to express an opinion as to the knowledge of the defendant of right and wrong, or his knowledge of the nature and quality of the act in killing the deceased.
By Mr. McIntyre: That is a question, if your Honor please, which was passed upon yesterday.
By the Court: I suppose it is preliminary to some extent, as far as this information is concerned.
By Mr. McIntyre: It is precisely the same as yesterday, but the question has had some additions.
By the Court: Was that indicated by the last part of it?