The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-03-05
Knew What He Was Doing
When He Shot and Killed
Stanford White.
DEFENDANTS EXPERT SAYS
THIS TO DISTRICT ATTORNEY
Good Progress Made in the
Case; Long Cross-EXamina-
ton Concluded.

NEW YORK, March "A long
X. Thaw was taken today when District
Attorney Jerome announced that his
exhaustive cross~examination of DR.,
Britton d. Evans. one of the alienists
for the defense. had been concluded.
DR.. Evans had been under fire since
Wednesday morning last. He was I'M
mediately succeeded on the stand by
DR.. Charles c. Wagner of Biughamton,
\, Y, who accompanied Dr. Evans on
most OF his visits TO Thaw in the
Tombs Mr. Jerome indicated that he
may conclude with Dr. Wagner tomor-
row.
Mrs. William Thaw is expected to be
the next witness. With Mrs. Thsw $
testimony IN, the defense will prscti-
cally have completed its case. and it
seems likely that the State s case in
rebuttal may be begun before the end
of the week.
Just what District Attorney Jerome
will he able to prove on rebuttal re-
mains quite as much Of q mystery as
ever. He complained today, in seeking
a broad Interpretation of the rules of
evidence by Justice Fitzgerald, that if
he should call any of the defense s
alenists in rebuttal they might refuse.
on the ground of professional privilege,
TO answer any questions put to them.
Mystery AS to Proof.
It is not vet exactly clear to the lay
mind TO what extent the District At
torne can go in disproving Mrs. EVELYN
Thaw S testimony. He has admitted
that even if he could show Stanford
White was out of the country at the
time of the alleged experience with
Evelyn Nesbit in the oath street studio.
he would not be allowed 10 dIsprove
on the ground that If would he q col
lateral fact. II appears, however, that
the prosecutor can call anyone to con-
tradict Mrs. Thaw in cases where she
said she made certain statements TO
third party. In this connection Mr.. Je-
rome has indicated that he will call
Howard Nesbit TO testify that his sis
ter told him Thaw had treated her
cruelty because she would not tell lies
about Stanford White.
Or Evans left the witness stand to-
dav subject To recall for redirect ex-
animation. The witness protected the
interests of the defense quite keenlv
throughout his cross.eXamination, and
at ali times appeared a match for the
District Attorney. DR.. Evans todav,
however. admitted that Thaw had an
insane knowledge Of what he was do
ing on Madison Square roof garden the
night he shot and killed Stanford
White.
Brain Storm Subsided.
In explaining Thaw s actions subse
quent to the shooting DR.. Evans de-
clared that as soon as the denfendant
shot Stanford White the brain storm
subsided and his senses began to re-
organize themselves, so that the man
knew quite well what he was about He
also knew he was attacking Stanford
White when he shot DIR. Evans admit
ted. but the knowledge was that of an
insane man and the result was of insane
reason
! Dr. Wagner also declared that Thaw
| had irrational knowledge of what was
transpiriug upon the roof garden. DR..
Wagner created a stir in court by US
ing the present tense in responding to
a question by District Attorney Jerome
as to what form Of insanity Thaw q has
or had " DIR. Wagner declared Thaw
'is suffering from symptoms which
lead toward a melancholic state and a
state Of demcntia praecoX, DR.. Wag-
ner declared Thaw's condition of mind
at the time NJ the shooting was the re-
sTl5 Of one Of the insanities of adde's
] cencc.
The District Attorney continued hi,
somewhat ru1zling tactics, His ques-
tioning OF DIR Evans seemed to have
tins pur, ,.osr n showing that Thaw new
| cr WAS insane to the extent contcm.
/ plated by the New York criminal
statutes. Again. with Or, Wagner he
pointed toward the same end AT one
time and at another seemed desirous
or having DIR. Wagner admit that Thaw
was suffering from forms Of insanity
which might not be durable,
DR.. Wagner was on the stand when
court adjourned