The San Francisco call., 1907-03-05
THAN|'S CHIEF ALIENIST
CONCLUDES TESTIMONY
Proves Match for Jerome in
Wit and Readiness
of Answer
MRS. VIM. THAW NEXT
District Attorney Is at Sea
as to Latitude in
Rebuttal
MRS. VIM. THAW NEXT

NEW YORK. March "A long stride
forward in the trial OF Harry X. Thaw
was taken today when District Attor-
ney Jerome announced that his eX-
haustive cross examination Of DR.. Brit
ton y. Evans, one OF the alienists for
the defense. had been concluded. DR..
Evans had been under fire since
Wedn esday morning last. He was i'm
mediately succeeded on the stand by DIR.
Charles @. Wagner Of Binghamton, n.
Y, who accompanied DR. Evans on most
OF his visits to Thaw i'm the Tombs.
Jerome indicated that he may conclude
with DR.. Wagner tomorrow.
Mrs. William Thaw is expected TO be
the next witness. With Mrs Thaw's
testimony in. the defense practically
viii have completed its case and il is
likely that the States case in rebuttal
may be begun before the end Of the
week.
District Attorney Jerome complained
today. in seeking a broad Interpretation
OF the rules Of evidence by Justice
Fitzgerald. that il he should call any
OF the defenses alienists in rebuttal
they might refuse. on the ground OF
professional privilege, to answer any
questions put 10 them.
II is not yet exactly clear TO the
lay mind 10 what extent the District
Attorney can go in disproving Mrs.
mitted that even il he could show Stan
ford White was out Of the country at
the time Of the alleged experience with
Evelyn Nesbir in the Twenty fourth
street studio he would not be allowed
10 disproye her statements on the
ground that it would be a collateral
act. II appears. however. that the
prosecutor may call any one 10 contra
dict Mrs. Thaw ia cases where she said
she made certain statements 10 a third
party In this connection Jerome has
indicated that he viii call Howard Nes-
bit 10 testify that his sister told him
Thaw had treated her cruelty because
she would not tell lies about Stanford
White.
Dr. Evans left the witness stand to-
dav. subject 10 recall for redirect eK-
animation. The witness protected the
interests OF the defense quite keenly
throughout his examination and
~ sn times appeared q match for the
District Attorney Dr. Evans today,
however. admitted that Thaw had an
insane knowledge Of what he was do
ing IN Madison Square Roof Garden the
night he shot and killed Stanford
White.
In explaining Thaw's actions subse-
quent to the shooting. DR. Evans de-
clared that as soon as the defendant
shot White the brain storm subsided
themselves. so that the man knew quite
well what he was about. He also knew
he was attacking Stanford White when
he shot Dr. Evans admitted, but the
knowledge was that OF an insane man.
Dr Wagner also declared that Thaw
had irrational knowledge OF what was
transpiring on the roof garden. DR..
Wagner created 2 stir in court by using
the present tense in responding to a
question by District Attorney Jerome
as to what form Of insanity Thaw has
or had" Dr. Wagner declared Thaw
"is suffering" from symptoms which
lead toward a melancholy state and q
state Of dementia praecoN. DR. Wagner
declared Thaws condition Of mind at
the time Of the shooting was the re-
suit Of one Of the fnsanities OF adoles-
cence.
The District Attorney continued his
somewhat puzzling tactics. His ques-
tioning Of Dr. Evans seemed TO have
the purpose Of showing that Thaw
never was insane TO the extent con-
templsted by the New York criminal
statutes. Again with DR.. Wagner he
pointed toward the same end and at
one time and another seemed desirous
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.