The Montgomery advertiser., 1907-03-20

over his head. broke 1t and held it butt up.
 The questions Mir. Jerome asked Dr. Gregory were along the line of the difference between sane and insane per- sons.
 T think he had insane knowledge" was pr. Gregory's reply to each of the questions.
 when Dr. Gregory was excused Mr. Delmas called pr. Charles G. Wagner of Binghampton, N. Y.
 pr. Wagner had already testified for the defense that Thaw was insane when he shot White.
 Answering the hypothetical question Dr. Wagner said in his opinion Thaw's reason was such that he did not know the nature or quality of his act or that the act was wrong.
 District Attorney Jerome cross ex- amined pr. Wagner briefly. The lat- ter declared that whatever knowledge Thaw displayed at the time of the trag- man. Dr. Wagner was finally excused as the usual afternoon recess of fifteen minutes was ordered.
 pr. Evans Recalled.
 After recess, Dr. Britton D, Evans. who has been one of the chief alienists for the defense was recalled to answer the hypothetical question as formed by MT. Jerome.
 Using this question as a basis Dr. Evans declared that in his opinion Thaw. when he killed White. did not know the nature or quality of his act or that the act was wrong. District Attorney Jerome began his cross ex- animation by asking Dr. Evans how much time he had given to the hypo- thetical question.
 T did not time myself" answered pr. Evans.
 Did you determine what sort of in- sanity Harry K. Thaw was suffering fromr'
 T did"
 What was ity'
 Tt was that kind of insanity which though defective. rendering him incap- able of knowing that his act was wrong"
 Has 1t any name7"
 "All who study the literature on this subject select their own classihcations," I" replied pr. Evans.
 What name do you give it?'
 T have not given it any name. It was one of the forms of insanity of adolescence"
 "when Harry K. Thaw' wrote the letters. exhibited A to I, pr. Evans thought he knew what he was do- sng.
 "when Harry K. Thaw' walked down the aisle just before he shot Stanford White did he know he was approach ing Stanford WhiteT asked MT. Je- rome
 After carefully examining the plan of the garden, pr. Evans said he thought Harry K. Thaw knew he was walking but there was nothing in the hypothetical question to show that he knew he was approaching Stanford White.
 Didn't Realize Act.
 When he raised the revolver above his head and unloaded it did he know what he was doingT"
 T don't believe he realized what he was doing, except in an insane way" replied Dr. Evans.
 Every move Thaw made that night was taken up by Mfr. Jerome, and in each case Dr. Evans was asked if Thaw knew what he was doing. He had an insane realization" re- piled the witnean. Dr. Evans was finally excused at 4:ss p. m. It was expected that pr. Evans would be the last witness of the trial until Mir. Delmas asked for the produce ton of the letters sent from Pittsburg to the Clerk of the court by J. Dem niston Lyon, Vice President of the United National Bank of Pittsburg. MT. Lyon had custody of Thaw's will and when he was on the witness stand, was asked by District Attorey Jerome if he had received any letters from Thaw He said he had, and Mir. Jerome asked him to send the letters on. They have never been introduced in evidence or referred to in any way. Mir. Jerome said some of the letters were in his office, where they had been copied. He had not thought that the letters were to be used ,and he neglected to return them to the court.
 After they were sent for. Mir. Delmas spent some time in examining them. It appeared for time that some of the letters. were missing-one in par ticular-which MT. Delmas declared he desired to read in evidence-but clerk Heney finally found it. While the search was going on, Thaw leaned over the reporters table and whispered:
 Importance of Letter.
 ''That letter is important It has something in 1t about a friend of Je- rome's."
 MT. Delmas finally offered the letter | in evidence. but Mir. Jerome immediate | ly objected He said the letter should | have been offered as part of the case for the defense in direct evidence. He said he had no objection to the contents of the letter whatever.
  rome, that may not appear to be ex- cluding anything which might help the | jury to arrive at a just conclusion, l am willing that all the letters shall go | in evidence without the necessity for | their being read, the stipulation being that either side shall have the right to refer to such parts of the letters as they desire in summing up. If my of- | fer to have all the letters go in evil | dence is declined, renew my objection | to any one letter being introduced up- | on the ground that 1t is re-opening of the entire case"
 MT. Delmas repeated the offer of the one letter ''as a matter of right and justice"
 The letter, he declared, would help | to show the condition of Thaw's mind prior to June 25 last MT. iDelmas said the case was nearing its close. He had hoped to close the taking of testi- mony but District Attorney Jerome's | long cross examination of one of the l alienists had upset his plans. However" he went on, I've hope to 1 close early tomorrow. It is too late in the case to have all the letters go in evidence and the subject to study for argument The task of reading over 4.OOO pages of testimony already im- posed on counsel before summing up is a heavy one and I am unwilling to un- dertake more" Adjournment for the day was taken ,,,,th +he matter of the introduction of