The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1907-03-05
NEARING CLOSE
OF THE EVIDENCE
Little More Testimony in Chief
For Harry Thaw
jerome Concludes Cross-Examination
of Expert Evans and Has An
other ON Stand.
MRs.wM.THAw PROBABLY NEXT.

INV ihOiphDbt Nbais
New York, March 5.-Progress of
the Thaw case was slow today as far
as sensational interest was con-
cerned.
A long stride forward in the Thaw
trial was taken when District Attor-
ney Jerome announced that mis- ex-
haustive cross examination of DR..
Evans had been concluded. Evans
had been under fire since Wednesday
morning last. He was succeeded on
the stand by DR.. Charles c.. Wagner,
Binghampton, who accompanied Ev-
ans on most of his visits to Tnaw In
the Tombs.
Mrs. William Thaw is expected to
be the next figure in the witness
chair. With Mrs. Thaw-s testimony
in, the defense will practically nave
completed its case and it seems like
ly that the states case in rebuttal
may begin before the end of the
week
Puzzled Over the RebuttaI.
Just what Jerome will be able to
prove on rebuttal remains quite as
much a mystery as ever. He COM
planned. today in seeking broad In
depreciation of rules or evidence by
Justice Fitzgerald that If ne shoulr
call any of the defense's alienists in
rebuttal they might refuse on the
ground of professional privilege not
to answer any question put to them.
This seems to indicate that Jerome's
threat to call Allan McLane Hamil-
ton in rebuttal carries with It the
possibility that Hamilton may not
testify. for at the time he made an
Examination Of Tha win the romhs
he was in the employ of the prison.
er's counsel.
1t is not exactly clear to the mimi
to what extent the district attorney
can go in disproving Mrs. Evelyn
Nesbit Thaws testimony. He has adj
mitted that even If he could show
White was out of the country at the
time of his alleged experience with
Evelyn Nesbit in his Twenty-fourth
street studio, he would not be allow
ed to do so on the ground that it
would be a collateral fact.
To Call EveIyn's Brother.
1t appears, however, that the pros
ecutor can call any one to contradict
Mrs. Thaw's story in cases where she
said she made certain statements to
third party In this connection Je-
rome mas indicated he will call How
ard Nesbit to testify that his sister
told him Thaw had treated her cru
ely because she would not tell lies
about White.
Evans left the witness stand sub
iect to recall for redirect examina-
ton. Evans admitted That Thaw had
insane knowledge of what killed
White. The New York statutes pro-
vide that to be exempt from punish
ment for crime an insane person
must be so demented as not to know
the nature or quality of his act or to
know the act is wrong.
Wagner, also declared Thaw had
irrational knowledge of what was
transpirlng on the roof garden. He
believes that the mans insanity dat
ed from the time Evelyn Nesbit told
him her story in Paris IN 1904. Was-
ner created quite a stir in court by
using the present tense in respond
ing to question by Jerome as to
what form of insanity Thaw "has or
had"
Wagner Says Thaw as" Insane.
Wagner declared Thaw sis suffer-
ing" from symptoms which lead to
ward melancholic state and state
of dementia praecox When asked to
describe the latter phase. Wagner
said it covered sucn a wide field of
dementia as to be difficult of strict
definition. Wagner declared Thaw's
condition of mind at the time Of the
shooting was a result OF one Of the
insanities of adolescence. He would
not go further than this in an at
tempt to classify the exact form.
the district attorney again contIn-
we'd his somewhat Duzzline tactics
His questioning OF Evans seemed to
have the purpose of showing Thaw
never was insane to the extent con-
temrlated by criminal statutes OF
this state. Again with Wagner ne
pointed toward the same end at one