Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-03-15
IHAN WAS SANE,
AL|EN|S|S DECLARE
All of Experts Placed on Stand
by jerome Give Same
Answer
pELMAs SPRINGS A SURPRISE
,Refrains From Gross. Examining States
Exper. Witnesses-Answers to Hy-
pothetical Question Receive Same
General Answer-"Brain Storms Be-
iittIed-EveIyn to Testify.

New York. March 15.-De1phin NJ.
Delmas. leading counsel for Harry *.
Thavr, sprung decided surprise upon
District Attorney Jerome today by an
nouncing that he would not cross-ex-
anime any OF the experts for the state.
jerome thereupon, during the morning
session of the trial. put five alienists
upon the stand one after the other, and.
claiming their familiarity with the hy-i
pothetical questions put to the experts
for the defense and also Mr.. Jerome's
1900 word exposition of the evidence,
they declared their opinion that at the
time Thaw shot and killed White he
knew the nature and quality of his act
and knew the act was wrong.
Mr.. Hartridge, for the defense, under
took. to cross-examine DR.. Mabon by
adding certain details to Jerome's long
hypothetical question. Hartridge asked
DIR. Mabon:
rs it true physicians often differ
as to the form Of insanity from which
patient may be suffering?'
..rhey do"
Hartridge said that many things
which are in evidence were left out OF
the Hypothetical question framed by,
the district attorney, and undertook to
supply some Of the details. jerome OBJ
jected to the additions to his questions,
in order that he might prepare addi-
tions to the questions more definitely
than he made them in his extemporan-
eous statement. Luncheon recess was
ordered earlier than usual.
Evelyn Nesbit Thaw may take the
stand this afternoon to testify as to
whether or not Abraham Hummel was
acting as her attorney when he made
the now famous affidavit.
DR. Allan McLane Hamilton, who
had been summoned as a witness in the
case, had conference with Thaw s
counsel before the morning session of
court When Jerome purposed calling
Hamilton he seemed intent upon prov
ines Thaw suffered from an incurable
form of insanity. Then came the dis
coyery of James Clinch Smiths tes-
tinlony as to Thaw,s rational conyersa-
tions on Madison Square roof garden,
and his running about the place as if
s looking for the man who became his
victim, and Jerome's switch to the pol
icy of pressing the trial to a conclu-
sion on the indictment for murder in
the first degree. Hamilton has ex-
inin 1af 10 e
insane when he saw him In the Tombs,
ard remained SO.
New York, March 15.-Dr. William
Hlrsch, one of the states alienists.
took the stand today when the Thaw
trial was resumed.
In response to defensess hypothetical
question Hirsch testified that Thaw
when he shot and killed White, knew
the nature and quality Of his act, and
that the act was wrong. He made the
same response to the Hypothetical
question framed by the prosecution.
Hirsch was excused without cross.
examination and DR.. William B. Pritch-
ard was called.
Pritchard, after answering the hypo..
tfletical questions, was excused with
ont cross examination. Demas said
that he would not cross examine any
o.. the prosecutions experts.
Dr. A.. w. Ferris added his opinion
to the others, that Thaw was sane
when he shot and killed White.
DR.. A. r. Diffendorf was called.
Eieffendorf said that based on the
two hypothetical questions, the pris-
oner was sane when he killed White.
Err. Mahon was of the same mind as
the five doctors who preceded him on
the stand
In examining DIR. Hirsch Jerome
asked:
What is brain storm ?"
"There is no such thing as brain
storm known among scientific men,"
was the response.
When DR. Wagner was on the
stand for defense he cited to Jerome
a case of brain storm described in a
recognized text book on insanity. Jerome
called this case to Hirsch's attention.
I,elmas objected on the ground that it
was a collateral issue. Fitzgerald over
ruled the objection and Hirsch said
the case cited was no more similar
to the Thaw affair "than a case of
smallpox resembles broken leg"
Mrs. Evelyn Thaw on Stand.
After recess Hartridge, of Thaw's
counsel. said he would not press his
cross examination of Mabon, and the
latter was excused. Evelyn Nesbit
,rhaw was called to contradict Abrsl-
ham Hummel.
Delmas called Mrs. Thaw's attention
f.o the fact that she had already tes-
1ified as to visiting Hummel's Office
with White.
Did you" he said. then and there
call upon him in a professional ca
pacity with the view of having his le-
gal advice as a counsellor at law?"
a'I did,
Mrs Thaw then left the stand. JUS
tee Fitzgerald ruled the defense could