Omaha daily bee., 1907-03-05
PROGRESS IN THAW TRIAL
Cross Examination Of Dr. Evans Finished
end DR.. Wagner Takes Stand.
Mr.. IERoME's MYSTERIOUS TACTICS
AZ Times He seems 20 Seek co show
that Thaw Never was Insane and
nj Others that He was
Incurably Daft.

was taken today when District Attorney
Jerome announced that his exhaustive
OF DR.. Britton d. Evans
one OF the alienists for the defense, had
been concluded. DR. Evans has been under
fire since Wednesday morning last He
was Immediately succeeded on the stand
by DIR. Charles G. Wagner of Binghamton,
N. Y. who accompanied DR.. Evans on most
of his visits to Thaw in the Tombs. Mr..
Jerome indicated that he may conclude
with DR.. Wagner tomorrow.
Mrs. William Thaw Is expected to be the
next witness with Mrs Thaw's test-
mony in. the defense will practically have
completed its case. and it seems likely that
the states case in rebuttal may be begun
before the end OF the week
Just what District Attorney Jerome will
be able to prove on rebuttal remains as
much Of mystery as ever. He complained
today in seeking a broad Interpretation of
the rules OF evidence by Justice Fitzgerald
that II he should call any of the defenses
alienists in rebuttal they might refuse on
the grallnd Of professional privilege to
answer any questions put to them.
JerOme's Mysterious Tactics.
II is not yet exactly clear TO the lay mind
to what extent the district attorney can
20 IN ulSpIONlnB MIS-. Evelyn lIaW lcSll-
mony. He admitted that even If he could
show Stanford White was out of the
country at the time of the alleged expe-
rience with Evelyn Nesbit in the Twenty
fourth street studio. he would not be al
lowed to do so on the ground that It would
be a collateral fact II appears, however
that the prosecutor can call any one to
contradict Mrs. Thaw in cases where she
said she made certain statements to a
third party. In this connection Mr.. Jerome
has indicated that he will call Howard
Nesbit to testify that his sister told him
Thaw had treated her cruelty because she
would not tell Mes about Stanford White.
DR.. Evans left the witness stand today
subject to recall for redirect examination.
The witness protected the interests of the
defense quite keenly throughout his cross
examination and at all times appeared
match for the district attorney. Dr. Evans
today. however, admitted that Thaw had
an insane knowledge of what he was doing
on Madison Square roof garden the night
he shot and killed Stanford White.
In explaining Thaws action subsequent
TO the shooting, DR.. Evans declared that
as soon as the defendant shot Stanford
White the brain storm subsidized and his
senses began to reorganize themselves so
lndl the man hucN qulAt Weh WHdN ne
was about. He also knew he was attack
ing Stanford White when he shot, DR..
Evans admitted, but the knowledge was
that of an insane man and the act was the
result of insane reasoning
wagner Uses Present Tense.
DIR. Wagner also declared that Thaw had
irrational knowledge of what was trans
piring on the roof garden. DIR. Wagner
created a stir in court by using the present
tense in responding to a question by Dis
| trict Attorney Jerome to what form OF
| insanity Thaw has or had" DIR. Wagner
| declared Thaw us suffering from symp-
| toms which lead toward a melancholic
! state and a state>of dementia praecox. DR..
Wagner declared Thaw's condition of mind
| at the time OF the shooting was the result
of one of the insanities of adolescence.
The district attorney continued his some
] what puzzling tactics His questioning OF
DIR. Evans seemed to have the purpose of
| showing that Thaw never was insane to
| the extent contemplated by the New York
criminal statutes. Again with DR. Wagner
! he pointed toward the same end at one
time and at another seemed DESTROYS of
having DR.. Wagner admit that Thaw was
suffering from forms of insanity which
might not be durable.
DR.. Wagner was on the stand when court
! adjourned.
DIR. Evans Resumes Testimony,
In resuming his cross-examination of DR..
Evans District Attorney Jerome asked:
I Doctor" reverting to the night of the
shooting of Stanford White. does the fact
! that the defendant walked deliberately
away without excitement after the shoot
ing appear to you to be an important fact
in determining whether or not the de-
| PENDANT was insane?"
"Yes; II leads me to believe he was OF
unsound mind-that is. when taken in con-
nection with the other Incidents"
The fact that at that time Thaws ster
was slow and measured and his manner
somewhat dramatic and that he manifested
no agitation. that he walked deliberately
away without any effort to escape. taken
in connection with the other facts, indi-
Gated to the witness that he did not know
that he had done anything wrong; did not
know that he had done anything that
shonld make him shrink from his fellow
men or from the officers of the law.
81 would hardly go far as that"
when he walked toward his wife did hi
know in which direction he was going2"
"In view OF the fact that he walked to-
ward his wife, It seems to me that he did.
THE fact" said Mr.. Jerome, that Thav
told the fireman who seized him, he rutnet
my wife'-does that indicate 70 you tina
this defendant knew he had killed Stan
ford White?'
ut indicates to me-" replied DR.. Evans
that this one thought which had weighed
down upon him-which had been devourinl
his soul-was still within him. The ideI
OF HIS wife being ruined by Stanford White
was still in the forefront OF his thought"
what mental process In the defendan
is conveyed 10 your mind by his stating
on the roof garden after his arrest. wher
told at the elevator that an officer hat
been sent for. I've got TO go down; yo'
might as we'll take me down the elevate
now I don't want to cause any annoy
ance."
las to whether the man was insane q
sane" replied DR.. Evans. "the remarl
conveys nothing. II may simply hav
z meant that there was crowd at the ele
vator and he did not want to annoy any
body by obstructing the way"
, As 10 Knowledge.
In the moments Immediately following IN
shooting of White, the witness said. ThaV
might have had an insane appreciation o
. all the incidents. There was, said ID
Evans, nothing in the evidence 10 shoV
I that Thaw knew he had been arrested TO