Evening journal., 1907-02-13

ANIs NtNAMEn Hli0rN rAAlt MHAA was
your opinion based on the first three
visits you made to Mr.. Thaw as TO the
soundness Of mind Of the defendant"
Il was then and still am OF the opin-
ion that at that time Mr.. Thaw was OF
unsound mind, due TO the diseased con-
dition OF the mind"
"Did you form an opinion as to the
mental condition Of Mr.. Thaw az the
subsequent five visits you made him2"
Il did"
please state your opinion"
"The opinion ] formed was that the
mental condition OF Mr.. Thaw was
somewhat impaired. but improved over
what It had been"
Thaws improvement, the witness
said, had been gradual.
Asked TO state TO what pathological
causes he attributed Thaw's mental un-
soundness, DR. Evans said he found Il
based on his first three visits. Dr.
Evans said:
There was a positive disarrange-
ment Of the mind as the result OF a pre-
increased by additional ex-
acting causes resulting IN brain
storm or mental explosion and abnor-
mai mind manifestations"
The letters. written by Thaw 10 his
attorney, Frederick Longfellow. we're
then handed TO Dr. Evans He had
been asked 20 read the letters last
night but explained that he had been
unable 20 do so. While he read the
letters the attorneys on both sides en-
gagged in conference.
Little or no headway was made for n
long time this afternoon owing 10 the
failure Of Dr. Evans TO familiarize him
self with the Thaw letters last night.
After the expert had spent 35 minutes
in examining the letters and still had
several pages TO peruse. an adjourn
ment was taken.
Tho defense lays great stress on DR..
Evans examination Of these letters. on
which IL bases its hypothetical ques-
ton as TO Thaws sanity at the time
he killed Stanford White.
DR.. Wagner testified yesterday on
the facts presented TO him by Attorney
Delmas. that In his opinion Thaw was
insane on the night Of the killing. DIT.
Evans was expected to add his opln-
ion I'm support Of this contention. after
reading Harry Thaws "crazy" letters.
In view OF the Importance 10 the de-
Tense OF having the hypothetical ques-
tion answered satisfactorily by their
expert, 30 that District Attorney Jer-
ONE could offer no objection to It, con-
siderable time was consumed by DR..
Evans in reading the letters
Warmest Talk Of Yesterday.
The letters Thaw had written to his
lawyer and to Evelyn Nesbit were
handed 70 DR. Evans yesterday after
noon and court was adjourned until he
finished reading them. When finally
Or. Evans said he had read the epistles
Delmas asked him the same long hypo-
thetical question he had put TO Df.
Wagner on the day before
Jerome objected to many parts OF the
question and the warmest argument OF
the day between him and Delmas fol-
lowed. The District Attorney objected
particularly 70 the manner IN which
the operation performed on Evelyn
Nesbit In her school days in New
Jersey was described in the hypothet-
ical question.
II object that this severe operation
should be so characterized. 1t IS per-
fectly well known to counsel Il was
the ordinary operation for appendi-
citis." Jerome said.
I'VE object 10 that statement. There
Is no such evidence. and IL IS not in
his power to introduce a fact before
this jury which is not I'm evidence. and
l must say a strange fact" Delmas re-
torted.
"As the record stands here. every
suggestion of counsel, every framing Of
questions. everything through this has
been 10 instill into the minds OF wit -
nesses that this operation was OF a
character not countenanced by all
physicians" Jerome saNi. 'rhls oper-
alton was performed by the partner
Of DR.. Bull"
Il take exception to that statement
because of the misconduct Of the Dis
trict Attorney" said Delmas.
THAT question was framed to DO
ceive the jury" Jerome asserted. 1T
leaves an insinuation that is not war.
ranted by the facts"
Girls Mother Told Jerome.
II insinuate nothing" Delmas re-
piled. IL seek to deceive no one. The
District Attorney ought to know better
than to accuse me OF an attempt to de-
ceive May I ask how the District
Attorney heard Of this operation
From the patient herself?"
mo. sir" jerome replied.
"Then from her physician"
mo. sir"
"rhen who told your"
"Her mother"
"Oh. her mother performed the opcr-
alton. did she?"
"Her mother was present"
"rhe mother then knew Of its char.
acter?"
Eyes. the mother knew OF its char.
acter'
Justice Fitzgerald asked Delmas tt
modify that part OF the hypothetica
question that related to the operation
after which DR.. Evans replied to the
long query. He said that 1t was his
opinion that Thaw was deranged men.
tally when he killed the architect, tha'
he did not know the nature and quality
Of his act and that he did not know
Il to be wrong. The direct eXamina.
tion Of the witness was not finished
when court adjourned.
ONE OF TWO