New-York tribune., 1907-03-15
SANE, SAYS ALIENlST.
DIR. FLINT ON STAND.
Hummcl Afda5it Fight Continued
-Jfrs. Tha5c To Be Recalled.

II a hypothetical question when contained
upward of thirteen thousand words and took
over hour and quarter 10 read the whole
Of me testimony given IN the trial Of Harry X
Thew for the murder OF stanford White. as seen
by the prosecution was presented To DR. Austin
Flint. the alienist, for opinion as to whether
or not the prisoner was sane when he shot the
architect. Dr. Flint replied that in his opinion
the person described as H X T." at the time
he shot the person described as IS. w knew
hir acts were wrong and knew the nature and
quality of those acts.
Earlier in the afternoon Mr.. Jerome had put
to DR. Flint the hypothetical question. which the
defence had framed the evidence, and ne had
made similar reply. When this question was
asked OF DR. Evans and Or. Wagner. the experts
employed by Thaws counsel, they had given
dia,Hetrically opposite answer-that, in their
opinion. Thaw was insane.
To econonize time the District Attorney yes
terday lad all the experts who will be asked TO
give an opinion 10 Thaw's sanity sworn at
one time. There We're five OF them besides DIT
Fqint-Dr william dirsch OF tho Cornell Med
ical School DR.. William Mabon, superintendent
Of the Manhattan State Asylum for the Insane:
Dr. William B. Pritchard. Of the New York
Polvcliric Hospital. DR.. Mallen Ross Difendorf,
Superintendent OF the state hospital at Middle
town. Conn, ard DR.. Albert Warren Ferris, of
the College Of Physicians and Surgeons. Each
Of them was provided with printed copy Of
the question. so that when they are called upon
TO testify the reading of it will be dispensed
with This will save the court considerable time.
EARLY ADJOURNMENT TAKEN.
When DR. Flint had expressed his opinion. Mr..
Jerome turned him over Mr.. Delmas for cross
examination Defendants counsel asked for
time 10 consider the question before undertak-
ing the task, on the ground that many material
facts had been omitted. so carly Adjournment
was taken The whole of the afternoon had
been taken up with Dr. Flint. Afterward it was
stated that the defence meant to include in the
question ali those facts alleged to have been
omitted and then put It to their own alienists.
When court adjourned on Wednesday the Dis
trict Attorney had ended his argument regard
ing the admission into evidence Of the Hummel
affidavit. Yesterday morning Mr.. Deimas made
his reply and he said that, in arguing the point,
he wished il distinctly understood that he did
not waive the right TO insist that at the time the
affidavit was alleged TO have been made Hum
mel was counsel for Evelyn Nesbit as well as
for Stanford White. and that. because of that
professional relation his testimony was incom-
petent. Apart from this, he agreed that certain
portions OF the affidavit were admissible as at
| tackirg the credibility Of Mrs Thaw. but the
| question whether Thaw wanted 10 injure White
or wheths- Thaw mad beaten Evelyn Nesbit
was not material. He added that. his associates
| approving there was no objection TO Hummel
| taking the stand and telling whether young Mrs
| Thaw had denied telling these stories about
| White TO Thaw.
After Mr. Jerome had briefly replied the court
| asked II there were any more arguments. Neither
/ lawyer had any. whereupon Justice Fitzlieralo
said tersely: The cases cited are not authorities
on the proposition presented. Objection sus-
| tanned"
Then, so suddenly that Mr.. Delmas was
caught bv surprise. Mr.. Jerome asked Hummel'
who had taken the stand:
HJ,MMEL,s QUICK ANSWER.
AT the interview in your ONCE on the 2ItE
! dar Of October in the year 1903. did Evelyn
Nesbit prior to your debating anything te"
YOU that She Evelyn Nesbit. had told ina" Ihat
| it was not true that Stanford White had drugged
and maltreated herr"
Quick as flash. before Mr.. Delmas couid
even rise to offer an objection. the witness re-
piled in decisive tones
"She certainly did"
DO you say you are a lawyer: said MT
| Delnas with n world OF scorn in his manner
Counsel was plainly nettled that such an ad-
mission should have got before the jury. lie
| intimated that the manner or II parIooA ol
| trickery but, eventually. realizing uhuouDtedly
| that the damage had been done, he permitted the
answer 10 20 upon the records. MI Delmas dld
! this that he might combat the answer later.
Following this until the end Of the morning
session. it was one long fight on the part OF the
District Attorney 20 get favorable ruling from
the Court on the question of the admission of
Hummer,s testimony as tending to destroy the
credibility of Evelyn Nesbit Thaw with much
vehernence he said that he was entueu at that
stage Of the proceedings TO show that the young
woman bad not told a true story, and with equal
,enaci,,, NJ Uelnas stuck To the opposite view.
Finally the argument narrowed down TO the
question whether not Evelyn NesDit was
client oP uumn,el when she went to his office,
and JustIce FitzGerald said he would permit
that She be recalled to testify on that one point
II is believed that Mrs INA" WIN &c 'A"eu -
that end to-day.