The Washington herald., 1907-02-13

New York. Feb. 19.-Thcre was only
one witness examined to-day at the trial
Of Harry X. ThaW for the murder Of
Stanford White. He was Or Britton D.
Evans, who swore that in his opinion
ThsW was not OF sound mind while he
was IN the Tombs in September. three
months after the shooting and that less
than a month later his mind vas still
impaired. but had improved some. At
the time Thaw shot White on the Madi-
son Square Garden roof he did not know
he was doing wrong. DR.. Evans said,
and his mind was diseased. He described
Thaw's condition as the result II q
hereditary taint influenced by stress and
excitement.
The session was interrupted by delays,
seemingly due 10 the defense's badly pre-
pared case. There are a few more ques-
tions TO be asked of DR.. Evans to-mor-
row morning and then it is the intention
of Thaws counsel TO have young Mrs
Thaw finish her story Dr. Evans will
not be cross-examined until after the de-
Tense has put in all Of its case.
Preparations have been made by Dis
trict Attorney Jerome for a very lengthy
eross-examination Of Evelyn Thaw. 1t
would no; be surprising If she was on the
stand more than a day under JerOme's
questioning. Jerome's chief aim will be
TO prove that she never told to Thaw the
story she has recited on the stand.
Attacks Hypothetical Question.
Jerome attacked Delmas' long hypotheti-
cal question. The=1lost important modi-
fcation obtained by Jerome concerned the
statement in the original question of an
operation, serious. if not capital" per
formed on Evelyn Thaw while she was
at school in New Jersey. Mr.. Jerome
asserted that the operation was for ap-
peudicitis.
The most sensational clash between Mr.
Jerome and Mr. Delmas during the trial
was Jeromes argument on the point. The
final decision Of Justice Fitzgerald was
that the only thing that should be con-
tained in the question was that an opera
ton had been performed, without any
qualification.
While Mr.. Jerome got setback here,
as he wanted the operation explained in
the question, yet on the whole day it was
the general opinion that he had held his
own with the veteran California attorney.
II is known that the defense has sub
poenaed two agents of the Comstock So
ciety and is now planning 10 call them
10 testify regarding Thaw's complaints
to the society about White.
Afternoon Session.
The afternoon session was broken by a
long recess-nearly an hour and a half
so as 60 give Dr. Evans, whose examina-
tion was continued chance to read over
the letters that Thaw wrote To his wife
and his counsel Mr.. LOngfeIlow. Then,
after some preIiminaries. DR.. Evans as
serted that Thaw was not Of sound mind
when he examined him in the TOmbs on
his first three visits; that his mind was
stiH impaired. but improved at the end
of the eighth visit in October, and that
on the night he killed Stanford White
he did not know he was doing wrong.
It was dull session until almost at
the wind-up, when Mr.. Jerome picked
many holes in the long Hypothetical ques-
tion by Mr.. Delmas. bringing about, Incl
dentally. the warmest clash of the trial
between the two counsel. There was the
usual crowd.
Dr. Evans was first asked if he had
based any opinion on his examination
of Thaw in the TOmbs. and from what
Thaw said. Mr. Delmas wanted him to
state what that opinion was. but Mr..
Jerome insisted that he first set the time.
Mr. Delmas wanted the question answered
on the whole eight visits. taken in con-
junction, but DIR. Evans said he could not
do that He finally said that at the end
Of the third visit ne formed an opinion.
and that he formed another opinion as a
result of the other five visits
There was more quibbling. Justice Fitz-
gerald got Delmas TO ask what the doc
tors opinion was at the end of the third
visit.
And now. doctor" said Mr.. Delmas
based upon your observation of Your first
three visits. as to the then mental condi-
ton of Harry X Thaw what was his
condition with reference to soundness or
unsOundness of mind?@
Il was then and am now. said Dr
Evans very slowly. firmly of the opinion
that during the three first visits Harry X.
Thaw was of unsouhd mind. because Of
diseased condition Ct the brain"
As the result of the last five visits that
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