The Washington times., 1907-03-01


il shows quite TO the contrary.
There was much comment today over
the fact that the name OF Mrs. Astor
had gone on record I'm the Thaw trial.
The name startled every person in the
court room when fl was brought out
inadvertently.
Throughout the trial the lawyers have
stuoiOusly refrained from mentioning
the names OF persons prominent in So
Ciety when they occurred in various let
ters written by Thaw. The mischief
occurred when Jerome handed TO DIT.
Evans letter written by Thaw In
Paris. In 1905 and asked the witness
whether the letter showed any signs OF
mental alteration in the writer
Mrs. Astor's Name Recorded.
DR.. Evans looked at the letter for a
moment and then in a matter Of fact
way began to read:
Mrs Astor was here and wanted to
go with them. but had to resign. Sew
eral beauts were here last week.
Hold on shouted Jerome. Il did not
ask you TO read the letter out loud.
only wanted your opinion"
But the name was out and stir had
gone through the court room ana the
society woman's name went on the rec
ord.
DR.. Evans went on the stand when the
trial was taken ND again today and II
was expected his cross-examination
would last all day. as there We're many
letters which the district attorney stat
ed he wished TO take up in detail in an
effort to get ut Thaw's mental condition
when they were written.
Evans Again On Stand.
Proceedings were commenced in the
trial by the following announcement by
District Attorney Jerome.
If your honor please. there arrived
here today from Pittsburg the additional
I ul~n cd
10 send. With consent OF counsel l ask
that the letters be turned over 10 me
that I may have typewritten copies
made"
The letters were handed to jerome by
Thaw's counsel and marked for idenu-
ficatiOn. There were twenty-one. al in
Thaw's handwriting
Dr. Britton y. Evans. the deCense's
expert. was then recalled To- the stand
Tor further examination by Jerome.
Q.-Have you read the Hypothetical
question with great care and cehDera-
Al read it as best 1 could.
Q--TakinC exhibits \ 10 /, in the light
Of all that you know, what is 80 ~
opinion as 20 the sanity or insanity OF
this defendant at the time the letters
we're written
Delmas objected to the question on the
ground that It was too broad
He has testified that he had knowl-
edge of the case that has not been cm-
bodied in the testimony said Jerome.
The objection was sustained. after Mr.
DelmRS suggested that DIT Evans might
have gained some OF this Information
from newspapers, which evidence was
not permissible.
Q.-Wel. have YOU any doubt as 10
the mental conditions Of the defendant
at the time he wrote these letters
Objected 10 by Delmas-
Jerome Reframes Question.
The question was rcrramed, as fol-
lows;
O--Have You any knowledge as to the
mental condition Of this defendant at
the time he wrote those letters?
A.-Therc are some points which I
Deiievc have been incorporated into the
Hypothetical question.
$50 that YOU have told everything
embraced within your own knowledge
Al have told some of the CONVEX
Stations
o.-Now. taking all tho things YOU
Know about the case together with the
facts in the Hypothetical question. what
was the condition Of the defendant when
TO /?
Al think lie was in a state of men
tai instability
Q.-Was he insane
A.-Not necessarily. lie showed a
state Of mental unbalanCe The letters
show lack or mental pOiSe-
Q.-Can you tell us from everything
YOU know about the case whether the
defendant was sane or insane when he
wrote the letters marked from \ TO ]?
Question Put Too Broad.
Objection by Dclmas. who said: The
question is too broad"
O. mean by knowledge. not hear
say. but knowledge gained by your OBJ
scrvation?
Ayes, 7 understand
Q.-TaknE al OF the facts embodied in
the hypothetical question. have you "a a
scientific man, been able to form an
opinion as to whether he was or was
not insane when he wrote exhibits y 10
J? This includes the viii and codicI.
peoples exhibit 60, and defendants ex-
hlbit E
Dr.. Evans egain outlined exhibit Z Of
the defense.
Q.-Have you now examined exhibit
Al don't thinI, this is the original
Q.-Is this the original? CThis 10 Hart
&,IYes. it is.
Q.-Does exhibit + seem to YOU as the
same general trait and character as ex-
hiblts from 4 TO /?
Thaw Leaves Court Room.
Before Or. Evans answered. Harry
Thaw requested permission through
Lawyer Hartridge to leave the court
room. He had become very pale and
excited
The proceedings were suspended dur
ing Thaw's absence. He returned in
five minutes and the cTOss-examinatiOn
OF DR.. Evans was resumed.
Dr. Evans then replied TO the ques
ton: in a general way. The interlinea-
tons are practically the same in + as
in the others.
Q.-Taking that document in conjunc
ton with the Will and cOdicIl are you
able to say II at the time OF the writing
OF Exhibit + the writer was sane or
insane7
Al don't think anybody can say
whether there was either eXaltatiOn or
depression manifested by that letter. In
one report of the letter he goes on 20
diagram a series OF loans. and on an
other he has written on the margins
and interlned several things. CThis is
the letter Thaw wrote to Attorney Com
stock)
His Mind at Variance.
Q.-what 1 am trying to get at in