New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-02-12
DEFENCE NEARING END.
PERHAPS TWO DAYS MORE
lIienist Expert Says Tha1c Did Not
KnOzc Shooting Has U'rOng.

4 development yesterday OF the trial % Harry K
Thsw for tile shooting OF Stanford White was The
announcement that District Attorney Jerome has
at last been able 10 bring Abraham Hummel the
convicted lawyer. terms. and at conference
peace IVES declared between them. This
brought about through the turning over OF an i'm
portent document bearing on the Thaw by
Mr Hunmel 70 the District Attorney. This docu-
ruent IS . Photographic copy Of an affidavit 81
rected against Thaw and signed 10y the defendants
wife.
During the noon recess yesterday Mr.. Jerome
met Tiunlnel az a restaurant in Franklin street.
There ne obtained from him the only Photographic
COPY OF The affidavit IT was learned tina; Hummel
gave valuable testimony the District Attorney
besides turning the affidavit 20 him. This az
ldavIt is said contain charges Of a serious
nature against Thaw. IT IS understood Hummel
has been subpenaed by the prosecution to be used
as witness in rebuttal
The session yesterday resolved itself into legal
battle between Mr.. jerome and Mr.. Delmas With
the calling OF the first witness by the defence the
fight began. Justice Fitzgerald. except few oc-
cssions sustained Mr. Jerome objections. Blocked
al all points IN his effort continue Mrs. Evelyn
Nesbit Thaws recital of her story. the defence went
on new tack in the afternoon and called new
sanity expert 10 The witness stand. This expert,
DR. Charles g. Wagner. superintendent Of the
State Asylum for the Insane 4 Bnghamton. \. Y,
allowed 20 repeat conversations he had
with the defendant during his several examinations
Of him iu the Tombs IN last August and Septen-
her. Held up by Mr.. .Terome's objections. Mr.. Del
put a long Hypothetical question. embodyins
the various events OF the defendants fA up 10 the
time of the shooting. lie then asked the witness
what. considering all the points in the question lie
believed was the condition Of Harry k. Thaw when
tha fatal shot fred. Mr.. jerome objected to
The wording OF tho question. A long argument fol-
lowed. At last Mr.. Delmas VAS allowed TO go
ahead
"if in your opinion when tire defendant fred the
shot he knew that the act wrong
In my opinion replied Dr. Wagner. he did
not"
Now. then. was he in your opinion laboring under
such defect Of reasoning not to know the act
was wrong" continued Mr. Delmos.
In my opinion" said DR.. Wagner ''he did not
know the act wrong.
TWO DAYS MORE FOR DEFENCE.
The defences examination Of The witness ended at
this point. M. Delmas -neu told the court that,
contrary TO general expectation. tho trial would not
drag along for weeks. but that the defence eN-
pected 10 finish its I'm two more DAYS he said
he had only a few more questions TO ask MIS-
Evelyn Nesbt T-haw.
The morning session was occupied principally by
the defences attempt to get Thaw's will and codl-
ell admitted as evidence. J. y. Lyon vtce-pres-
dent OF a Pittsburg bank. and John B Gleason,
Of counsel for Thaw were both examined regard
ing these documents After they had completed
their testimony it was finally decided that the
viii would be Withdrawn for the time. but it was
agreed that the technical proof Of tho identity or
the Will SuflclenL me course o. NlS MI
from its signature by Harry K. Thaw 20 the pres
ent time has been placed before the court
JEROME AND DIR. EVANS HAVE TILT
During the afternoon session Mr.. Delmas pro
posed that a five-minute recess he taken TO allow
the courtroom 70 be ventilated During the in
PERMISSION one Of the most exciting Incidents OF
the dav happened. 1t an argument between
Mr.. Jerome and Dr.. Britton ID. Evans. one Of the
slienists for the defence. Mr.. Jerome was stand
ing in one OF the corridors Of the criminal Courts
Building q
came Up 20 .lln1-
.-DoU't YOU want % shake hands with me-? said
DR. Exams extending his hand ~ the district At
tornev. Nj. Jerome ignored the pToRered hand
Tie aIienist repeated Ais question
Why. YES. III take your hand If you want me
TO" said MT. Jerome.
DR. Evans then asked the District Attorney why
he had refused 10 shake hands with him, and Nj.
jerome replied.
Well. If you insist on knowing my reason. 1t IS
that ] don't think a truth telling man
DR.. Evans flushed ana replied:
And ie- tell you. Nj Jerome, that In my
opinion you gentleman
The cause of the quarrel was not explained. TO
- il understood the long hypothetical question
viii be put Ia DR.. Evans Later Mrs. Evelyn Mes
bit Than VIII be recalled