New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-02-13
THAW WAS INSANE
JERSEY EXPERT HEARD.
Opcration on EceIyn Nesbit Vas fo,
appendicitis, Jerome AUerS.

mr. rritton D. Evans superintendent Of the
,-s,.- Jersey State Hospital for the Insane, at
7ror-,e plains. was on the stand all Of yesterday
+stfry5ns as TO the mental condition Of Harry X.
,rbayv as he found it during eight visits made to
enc prisoner in the Tombs and as IT was, in
,,rz opinion. on the night Of June %. 1906. when
stanford White was killed.
7, was made plain from the line of examna-
80, adopted by 1Ir. Delmas that the defence
leans 10 try 10 show that while Thaw was
mentally unsound before, ar the time of and
following the shooting he IS normal now. 1t
&c therefore safe to prophesy that should any
sroeestiou be made looking TO the appointment
~ a commission TO inquire into the prisoners
sanity at the present time it would be bitterly
fought by Thaw's lawyers.
NJ Evans's visits We're divided into two
o-orps BY Mr.. Demas, the first consisting OF
three calls he made on Thaw on August and q
and September 10 and the second group being
made up of the five visits subsequently made,
Al the first visit. DR.. Evans testified Thaw
aryas Of unsound mind then, because of dis
esee5 condition Of the BRAIN at the following
visits. while he found Thaw's mind still affected,
he observed an Improvement. The inference
vas left for the jury to draw that the improve
rnent has continued.
THE HYPOTHETICAL QUESTION.
Practically the whole or the afternoon session
was occupied by Mr.. Delmas in leading up 10
the long hypothetical question first put to DR..
wagner on the previous day. This question
-ecites the whole history of the case. as seen
rv the defence, ending with the killing of Mr..
White On Monday It had been put 10 DR..
Wagner. without much objection on the District
Attorneys part. but yesterday Mr.. Jerome took
many exceptions One of these developed more
than usually acrid debate between the prose
crtor and Mr. Delmas. during which Dir. Jerome
shed the first light on the nature Of the opera
ton performed on Evelyn Nesbit when she was
at school al Pompton. n. J.
81 object to that part of the question concern
ing the operation" said Mr.. Jerome. LAS the
record stands here, every suggestion Of counsel
every framing Of questions has been 10 instn
into the minds OF witnesses that this operation
was Of a criminal character, as It Is commonly
understood. Now, as p matter OF fact, it was
the ordinary operation for appendicitis and
was performed by the partner Of Dr. William
T Bull"
NJ. DeInnas at once objected. That is not IN
evidence" he urged. "and I must take an
execution on the ground oe the misconduct on
the part Of the District Attorney" Ions
discussion followed, during which Mr.. Jerome
insisted that the defendants counsel deliberately
sought to foster TIE impression that the opera
ton was OF a criminal nature. He was livid
with anger and Mr. Delrnas was not less dis
turbed. though showing it in smaller degree.
eff the District Attorney has learned the
nature Of the operation performed It must have
been through a breach o, eonfdence." said Mr..
Delmas.
NO It wasn't" replied Mr.. Jerome.
WAS It Mrs. Thaw or the doctor who told
you?" asked MI Delmas.
Jerome. 'If you must know. It was Mrs. Thaw's
mother who gave the information"
The discussion wore itself out after time.
and the question was amended to conform with
the District Attorneys view. A few minutes
later adjournment for the day was taken, and
Jerome and Delmas hobnobbed together as II
nothing untoward had happened.
The defence. It IS understood, viii take unusual
precautions to protect its client when the alien
lists for the prosecution are called. DR.. George
Franklin ShiIes, one Of the best known insanity
EXPERTS on the Pacific Coast, arrived IN the city
Yesterday He IS a personal friend Of Mr. Del
mas. and viii assist him, It IS understood. IN
the ,.ross-exoulination OF Mr.. Jerome's experts.
DR. ShIes has been associated with AIr. Delmas
in several cases where insanity figured.
DEFENCE NEEDS SEVERAL DAYS.
ANY idea that the defence could close its case
was dlspelIed yesterday. DR.. Evans examina-
ton was not concluded yesterday. and he viii go
on the stand again to-day; Mrs. Evelyn Nesbit
ThaIv is to be recalled, probably to-day, and
Mrs William Thaw ana Miss May Mackenzie
have Yet to give their testimony. All Of these
witnesses will be cross-eXanlined by the District
Attorney and this alone is likely TO take several
days.
Mr.. Delmas experienced good deal Of trouble
in getting in Dr. Evans's testimony. Counsel
wanted the expert to tell what Thaw said at the
different examinations in the Tombs, the infer
ence being that IN this way the jury would per
haps learn Thaw's own version Of the shooting
and why he killed White. Mr.. Jerome objected
that If Il were admitted that Thaw was insane
at the time OF his examination the testimony
was proper, but that if this not admitted.
anv statements made by the prisoner in his own
behalf while under arrest could not be admitted
in evidence Justice Fitzgerald sustained Mr..
Jerome and thereafter Dr. Evans was permitted
to describe only what he had himself observed.
The expert was given somewhat TO ornate figures
Of speech to express his meaning. He described
Thaw as having an aggerated ego" at the
time Of his examinations, explaining that he
meant that Thaw felt himself Of exaggeratEl
,rnportance which. according TO DR.. Evans, is a
general, symptom Of adolescent insanity, or IN
sanity which springs up in the growing period
from heredity. Describing Thaw's condition on
the occasion Of his first visit, the expert said
he looked as 81 ne had passed through a brain
storm" and talked with ideas and words jump
ing over one another. This, he said, IS "a twI-
light or dawn Of a state Of mental explosion
The prisoner did not act as a normal man at
all. Dr. Evans said, but had suffered a loss OF
T,g+ la