Los Angeles herald., 1907-02-28
DEFENSE
WILL ALL Be
IN BY TUESDAY
Rapid Progress to Be
Made Now
Howard Nesblt May Take stand to
Refute Sisters Testimony-At-
torneys Break Even on
the Day
BY Associated Press.

the Day
| BY Associated Press.
! NEW YORK, Feb. 27.-Interest in the
Thaw trial today centered in the maneu-
vers of District Attorney Jerome, who
seemed to give further indication of his
purpose in the near future to apply for
a commission in lunacy to report on
the present condition of the defendants
| mind.
The witness stand for the greater part
Of the day was occupied by DIR. Britton
d. Evans, director of the New York hos
pital for the insane at Morris Plains,
N. j., an alienst for the defense, who
was up for cross-examination.
Mr.. Jerome seemed to direct his efforts
to getting from DIR. Evans evidence as
to the exact recognized forms of in
sanity from which the expert declared
Harry Thaw was suffering at the time
of the brain storm" which resulted
in the killing of Stanford White.
DR.. Evans had testified that in his
will Thaw displayed evidence of a
melancholic state of mind. The dis
trict attorney dwelt for an hour or
more upon the subject of melancholia
and asked the expert if it was not true
that in acute melancholia there is
recurrence of the affliction in at least
one-third of all cases. DIR. Evans said
there was.
Will Call AIienist
Mr.. Jerome said he intended calling
as a witness in rebuttal DR.. Allan Nc
Lane Hamilton, the alienist who was
first employed by the Thaw defense
but who has not heretofore figured in
the trial. DR.. Hamilton recently re-
turned from Europe, and in a pub
lished interview just after~he landed
was reported to have said that he came
to the conclusion that Thaw was in
sane at the time of the tragedy and
that he is insane now.
| The district attorney also stated that
l he would sea.A dr. sChasles II. BinBer1ian
! of Pittsburg, the Thaw family ply
sician, in rebutta1 DR.. Bingaman was
on the stand for short while today,
but Mr.. Delmas objected when Mr..
Jerome started in to cross-examine the
! physician as to the insanity in the
Thaw family on the ground that the
witness had not qualified as as expert.
| DR.. Bingaman told today of visiting
| Thaw last August, when the prisoner
seemed much depressed and suffered
from the delusion that a conspiracy
had been formed against him, COM
planning that he was not allowed to
put paper over the grating in his cell
| door because they" wanted the cold
air to blow in and give him pneumonia
so he would die and his case never
come to trial.
May Call Howard Nesbt
BY recalling Evelyn Thew to the
stand for a few questions which he
had omitted on his long cross-examin-
alton, Mr.. Jerome early today indi-
Gated that he would call Howard Nes-
bit, her brother, to contradict her in a
matter of credibility
He asked Mrs. Thaw If she had not
told her brother that Thaw had treated
her cruelty while abroad because she
refused to tell lies about Stanford
White and say he had drugged and
mistreated her.
He wanted to know If the brother
had not brought her a pistol with
which she might defend herself against
Thaw. The defendants wife denied
absolutely that there was any truth in
any of these statements.
| Mr.. Delmas announced that the de-
week. This, however, was on the as
sumption that the district attorney
would conclude his cross-examination
of DR.. Evans and DIR. Wagner today.
Mr.. Jerome did not even finish with
! DR.. Evans, who will be recalled to-
morrow morning. John T. Deemar, the
physician to Mrs. William Thaw's
family, will follow DIR. Evans. and then
will come DIR. Wagner. After these
ho
take the stand according to present
plans. The defense may, therefore,
| conclude by Monday or Tuesday of
next week.
Attorneys Break Even
If Mr.. Jerome moves for a lunacy
commission 1t is expected he will do so
during the taking of the rebuttal testi-
mony next week.
1t was expected that DR.. Evans and
Mr.. Jerome would have a lively duel
during the cross-eXamination of the
witness, but there were only one or
two clashes, in which the honors ap-
peared to be about evenly divided. The
examination dragged at times and Mr..
Jerome seldom raised his voice above
the low, placid tone he so frequently
assumes.
During the cross-eXamination OF DIR.
Evans Thaw began to write rapidly,
and told the reporters he was prepar-
ing a statement. His action attracted
the attention of his lawyers, who APP
parently wished to dissuade the de-
fendant from making a formal state
ment public. However this, written
upon a scrap of paper. finally reached
the press table:
This is the second statement Mr..
Thaw has made since August IS: With
chances of million to one against her,
1t Is wonderful that Mrs. Thaw's tes-
timony prevailed against the district
attorney and his blacklegs.'
Actress Denies Story