The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-03-05
EVANS HELD HIS
|. OWN UNDER FIRE
District Attorney Jerome Made
Little impression Upon the
New Jersey AIienist.
DR.. WAGNER ON THE STAND
MOTHER OF DEFENDANT COMES
NEXT.

New York. March A long stride for
ward in the trial of Harry X Thaw
was taken today. when District Attor-
ney Jerome announced that his exhaus-
tive cross-examination of DR.. Britton D.
EVANS one of the alienists for the de-
Tense, had been concluded DIR. Evans
mad been under fire since Wednesday
morning last. He was Immediately sue
ceeded on the stand by Dr. Charles G..
wagner CT Binghamton. N. Y. who ac-
companied DR.. Evans on most of mis-
visits to Thaw in the Tombs Mr.. Je-
rome indicated that he may conclude with
DR.. Wagner tomorrow
Mrs. William Thaw Next.
Mrs. William TEaw is expected to De
me next witness With Mrs. Thaw's tes
timony in, the defense will practically
nave completed its case, and it seems
likely that the states case in rebuff
ia! may be begun before the end of the
week.
Just what District Attorney Jerome
VIII be able TO prove on rebuttal re-
mains quite as much of a mystery as
ever. He complained today, in seeking
broad Interpretation of the rules Of
evidence by Justice Fitzgerald that if he
should call any of the defense's alien
lsts in rebuttal they might refuse, on
the ground of professional privilege, to
Jerome's Purpose Unfathomed.
1t is not yet exactly clear to the lay
mind to what extent the district attorney
can go in disproving Mrs. Evelyn Thaws
testimony. He has admitted that even
II he could show Stanford White was
out or the country at the time of the
alleged experience with Evelyn Nesbit in
the Iwenty-fourth street studio. he would
not be allowed to disprove on the ground
tnat II would be a collateral fact 1t
appears, however. that the prosecutor can
call anyone TO contradict Mrs. Thaw n
cases where she said she made certain
statements to a third party. In this con-
nection MIR. Jerome has indicated that
he will call Howard Nesbit to testify
that his sister told him Thaw had treat
lies about Stanford White
Evans Good Witness.
DR.. Evans left the witness stand to-
Gay, subject to recall for redirect ex-
animation The witness protecte7 the IN
terests OF the defense quito keenlv
throughout his cross-examinatioT and at
az times appeared.a. nsteh fo.f che dis
trict attorney; pr. Evans todass. how.
ever. admitted that Thaw had az insane
knowledge of what he was doines5n Mad
ison Square roof garden the light he
shot and killed Stanford Whita.
In explaining Thaws actions subsequent
to the shooting. DIR. Evans declared that
as soon as the defendant shot Stanford
White the brainstorm subsidized and his
senses began to reorganize themselves
so that the man knew quite well what
he was about. He also knew he was at
lacking Stanford White, when he shot
DR.. Evans admitted. but the knowledge
was that OF an insane man and the re-
suit was of insane reason.
Or. Waener's Testimony.
DIR. Wagner also declared that Than
had irrational knowledge Of what was
Transporting upon the roof garden. DR.
Wagner created stir in court bv ,1sirz
the present tense in responding TO q
question by District Attorney Jerome as
to what form of insanity Thaw has or
had. DR.. Wagner declared 'Thaw SIS
suffering from symptoms which LEAD
toward melancholic state and state
of dementia praecox. DIR. Wagner de-
clared Thaws condition of mind at the
time of the shooting was the result of
one of the irsanities of adolescence.
The district attorney continued his
somewhat pulling tactics. His question:
ing OF Dr. Evans seemed to have the
purpose of showing that Thaw never was
insane to the extent contemplated BY tho
New York criminal statutes. Again. with
DR.. Wagner he pointed toward the Same
end at one time and at another seemed
Iesirous to having DR.. Wagner admit
that Thaw was suffering from forms CT
insanity which might not be curable
DIR. Wagner was on the stand when
court adjourned.