Assuming that thereafter she began to drink again more than before; that for eight months preceding the birth of the defendant she was drunk a great many times, that she was found in a drunken stupor, that she was brought home in a drunken condition by detectives, on which occasion she had with her her second child Catherine. That about six months before the birth of this defendant his mother was drunk, that the seventh month before the birth of this defendant she was drinking, and on one occasion threw her husband's books out of the window on an adjoining roof, during a rain storm. And in the eighth month before the defendant's birth she drank and the same condition prevailed. Assuming that from the June before the defendant was born, which was on December 5, 1897, she was attended by Dr. Charles N. Weeks of New York City, and he found her depressed, morose, and in a melancholic condition most of the time, at times hysterical; that she would refuse to talk to him, for one half a day at a time; that she would refuse to answer questions, that she would pay no attention to questions, and that she was also inclined to stare right past him; that she would weep; that she paid no attention at all. At times the pupils of her eyes were dilated, at times contracted, their expression at times was wild and sometimes vacant. These conditions continued during the time Dr. Weeks was treating her. He prescribed bromide for her liquor and the same condition continued after the birth of the defendant. The general appearance of the defendant's mother was untidy, and these conditions remained unchanged after defendant's birth. That when born the defendant was poorly nourished, under weight, weighed about five pounds, and was inclined to be emaciated; that at the time of the death of the first born (Charlie), to-wit, on the 21st day of March, 1899, she was again observed by Dr. Weeks, and then she was absolutely indifferent as to the conditions so far as the boy was concerned; showed no grief, and her general condition was such as he described at the time he was treating her. And assuming that after the birth of the defendant he was a bottle-fed baby, not nursed by his mother, and when about a year old placed in the care of Mrs. Leigh, with whom he remained until he was about six years old. That the defendant's mother died on June 3, 1899, in a Sanitarium, known as St. Anne's Retreat in the City of New York, the cause of death was meningitis, alcoholic heart failure. Assume that up to the time the defendant was five years of age he didn't speak, and made sounds which resembled yells. Assume that about 1906 or 1907 the defendant's father took him from Mrs. Leigh's, he was then able to talk and walk, and for several weeks he was taken care of by Mrs. Hoberg and from there was taken to Lady Cliff Academy on the Hudson, where he remained for one term. While there he usually appeared dirty, but seemed to be making some progress.