The Birmingham age-herald., 1907-02-19

a legal adviser, both as to Stanford White and to Comstock. He regarded this as another link in the conspiracy against him.
 T asked him why he had carried a pistol and he said Roger O'Mara, an independent detective of Pttsburg, had advised him to do so after he had told O'Mara that on several occasions thugs had jostled him in an attempt to get him in a quarrel and street brawl. He said these thugs were the hired agents of Stanford White. He said White had hired the Monk Eastman gang to get him into q quarrel and them beat or kick him to death"
 The witness next went into a descrip- tion of his third visit to Thaw, on Sep tember 19 He was accompanied by Dr. Wagner and MT. Hartridge. Thaw came into the room again carrying the raste board box full of papers MT. Hartridge had tried to induce him to give up the papers. Thaw said the papers had to be looked after at once. He then turned abruptly about and left the room, saying:
 Leaves Room
 Good day, doctor I am very sorry"
 'I told him the papers had not anything to do with my examination but he swept out of the room and that ended the vis- it."
 "As a result of that visit. did you draw any scientific deductions from MI. Thaws actions@
 ''Yes, he displayed highly explosive mental makeup in that without adequate cause he dismissed his counsel and physi- clans after he had agreed in advance that we should come there for the pur- pose indicated. He displayed defective reason in putting aside professional men whom he had been assured were there through no unfriendly part"
 MT. Delmas asked Dr. Evans if he had read the codicile to Harry Thaw's will The witness said he had read 1t in part and had heard all of 1t read.
 Did he mention to you the names that appear in the eodicle7"
 District Attorney Jerome objected to the question in this form and it was withdrawn.
 Says He Is Not Insane.
 "Did MT. Thaw say to you that he was not insane?"
 'Yes, sir; he said am not insane :"
 ''1s 1t a common thing for persons suf- fering from unsound mind to protest that they are not insane?'
 'It is very common-about 95 per cent of them do it."
 Dr. Evans said ThaW declared that per- haps 200 or 300 persons might be found who would say he was insane, but he did not think they could prove it.
 Relating Thaw's act of self-importance, Dr. Evans said:
 He wanted me to understand that he was Harry Kendall Thaw of Pittsburg; that he was the one and only Harry Ken dall Thaw, and there were no others"
 What conclusion did you reach as to Thaw's declaration that his act had been of providence2"
 Insane DeIusion.
 That 1t was an insane delusion."
 Are not repentance, remorse and fear of punishment the normal conditions of a sane man after he had committed an act of homicide and the absence of these ele- ments an evidence of unsoundness of mind?'
 As a rule, remorse and repentance are found in the sane mind, and, in my opin- ion, the absence of those feelings is an indication of mental unsoundness."
 This ended the direct examination of pr. Evans, who was withdrawn to en- able the defense to recall pr. Charles G. Wagner superintendent of the state hos pital for the insane at Binghamton, New York.
 pr. Wagner Recalled.
 pr. Wagner had not been allowed when on the stand previously, to relate his conversations with Thaw. Under the rule that conversations at a time per son is of unsound mind are admissible Dr. Wagner was recalled to tell of these.
 As a result of your visits to MT Thaw on August q and September 19 last, aid you reach a conclusion as to the mental condition of the defendant?" asked MT Delmas.
 Yes" replied Dr. Wagner. "1n my opinion, he was at that time insane. When I visited him on August 21, he told me that Drs. Austin Flint, Carlos Macdonald and William Mabon had visited him and had asked perms- sion to examine him, but he had re- fused 10 allow them to do so. Three phy- sicians mentioned are the alienists en- ployed by the state in this case.
 MT. Thaw said pr. Daniel had also called, but he had refused to let him conduct an examination, although he was sent by his own attorneys. He said the lawyers and doctors were in collision with tue district attorneys office to run him into an asylum and prevent his case coming to trial. Thaw always referred to Stanford White by epithet such as "the hlackguard,' or ''the dead man, and never by his right name"
 Same Story. pr. Wagner then repeated practically the same story of the interview as was related by Dr. Evans. He said that Thaw referred to Stanford Whites "dens of vice. and said. 'the beast" had three ways of ruining young girls-seduction, drugs and physical violence" Dr. Wagner said he asked Thaw why he had killed Stanford White. 'TIe said" continued the witness, that he had no thought of killing White that night on the roof garden; that he had striVen only to get evidence against the 
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