Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-02-12
THAws WILL IS PARTIALLY IDENTIFIED
BULLETIN.

theticaI question covering every detail OF
the testimony up to this time in the Thaw
trial, including Mrs. Evelyn Nesbit Thaws
narration Of her life history, Or. Charles
@. Wagner, superintendent OF the state
hospital for the insane at Binghamton, N
Y, declared on the witness stand today
that in his opinion Harry X. Thaw did not
know that his act was wrong when he shot
and killed stanford White.
DF. Wagner stepped aside for later cross
examination by District Attorney Jerome,
and as court adjourned for the day 1t was
announced that the defense would oner
testimony from other alienists tomorrow
morning.
Dr. Wagner's opinion of hypotheucal
question, the man under consideration be-
ing the author OF the letters which have
been introduced as emanating from Harry
Thaw during his estrangement with Evelyn
Nesbit after their return from Europe in
1908, followed a day of legal sparring be-
tween Dolphin NJ Delmas for the defense
and Mr.. Jerome for the prosecution.
Mr.. JeroIke effectually blocked the com
pletion for the time being of the direct
testimony of Mrs Evelyn Thaw by insist
ing that before she should go further, COM
petent testimony to Thaws unsoundness
OF mind should be given Mr.. Delmas tried
TO carry forward the young wife's story,
but the district attorney on his feet
with an objection to every question
Testimony Regarding VIII.
Mrs. Thaw had been recalled the third
witness OF the day. One Of her predeces-
sors was ]. ID. Lyon. vice president of the
Union National bank, OF Pittsburg. who
stated that he had received Harry Thaw's
win from the latter's own hands some time
prior to April /, 1906, and had held 1t in
safe deposit box until late in November
last when he directed his secretary to tor
ward 1t to John B, Gleason OF Thaw's
counsel. Mr. Gleason then swore that he
had received the will by mail December II,
1906 and that absolutely no changes had
been made In the instrument while in his
possession. Mr. Jerome admitted the pro-
gress of the will from Mr.. Lyon to Mr..
Gleason without the necessity Of calling
the formers secretary. Mr.. Delmas did
not offer the will In evidence however, ow-
ing to the fact that 1t has not in its en-
tirety been proved having been legally
7. executed by Thaw.
When young Mrs. Thaw was called to
the stand she was dressed precisely as
when she occupied the witness chair last
week. As she was taking her seat Mr..
Delmas turned to the district attorney and
renewed his demand of Wednesday that
the note which was passed by Mrs. Thaw
to her husband at the Cafe Martin the
night Of the tragedy be produced. Mr. Jer-
ONE, at the former demand had remained
silent. Today he at once said he would
send for the slip Of paper. 1t was brought
from his office. identified by Mrs. Thaw,
and read by Mr. Delmas. follows;
'The B. was here a minute ago, but
went out again"
The contents of the note caused a sur
prise only as to the exact wording. 1t had
generally been supposed that the note read:
''The B. is here
Mrs. Thaw testified today that THE
B." meant "The blackguard." as Thaw
always referred TO Stanford White.
The other essential point Mrs. Thaw was
allowed to bring out was the statement
that the defendant never carried pistol in
New York. She was asked many other
questions, embodying various stories she
had discussed with Thaw, including the al
legged fate of a girl known TO them as THE
Pie Girl" at the hands of Stanford White
but Mr.. Jerome blocked every question with
sustained objections.
After compelling the defense to begin ex-
pert testimony as to Thaws insanity by his
objections. Mr. Jerome next proceeded tc
block the testimony of DIR. Wagner as tc
the results OF his six visits to the defend.
ant IN the Tombs and his tests as 10 the
latter's mental condition DIR. Wagner
was not allowed to go into the converse,
tIons he had had with the defendant MOI
the conclusions he had reached. He wa'
confined to what he actually observed and
he declared his observations were closely
interlaced with his questioning of the de
fendant that he did not know whether he
could separate them.
LOnE Hypothetical Question.
long argument over the point resulted
IN Mr.. Delmas withdrawing any further
questions as 10 the tests, contenting him
self with asking Dr. Wagner to give hi,
opinion OF the hypothetical question cover
ing the evidence in the case. The question
was almost record-breaNing In length
comprehensive resume of the entire
case, including Mrs. Thaw's personal mar
rative. In II Mr., Delmas accused Stanford
White OF having "drugged' Miss Nesbi
and of having attempted 10 renew "com
nunication or relations with her subse
auent 20 her marriage. Mr.. Jerome OBJ
jected to- these features and IL wal
amended 20 embrace the evidence OF record
as to the disputed points. 1t was on tn,
amended question that Dr. Wagner CAV,
Il as his opinion that Harry Thaw did no
know because OF defective reason. that hii
act In killing White was wrong. When tn,
doctor Is taken IN haiu py MT. jerome M
win have 10 give detailed reasons for hii
opinion
DR. Evans Of the New Jersey State hos
ptal for the insane win be the first witnes
for the defense tomorrow.
A new rule by Justice Fitzgerald, barrinl
from the court room all women not en-
gagged in active newspaper work went int
eftect today. Many Of those who. bedecke,
! IN gay costumes. had occupied front seat
heretofore. were on hand early this morn
Ing. but 10 no avail The court Offcer
had direct orders this time and obeye,
lcnntInnsd ON sscnnd pars-l -