The daily morning journal and courier., 1907-03-05
LONG STRIDE FORWARD
 IN THE TRIAL OF THAW
DISTRICT ATTORNEY JEROME FINALLY FINISHES WITH
 ALIENIST EVANS.


 Most of Visits to Thaw in the Tombs
 Mother of the Accused Expected to
 be Called as the Next Witness.
 \ New York, March IA long stride forward in the trial of Harry K. Thaw was taken to-day when District Attor- hey Jerome announced that his ex- haustive cross-examination of pr. Brit ton D. Evans, one of the aiienists for the defense, had been concluded. Dr. Evans had been under fire since last Wednesday morning. He was immedi- ately succeeded on the stand by pr. Charles G. Wagner, of Binghamton, N. r., who accompanied Dr. Evans on most of his visits to Thaw in tine Tombs. MT. Jerome indicated by his questioning of Dr. Wagner that he may conclude with the witness tomorrow. Mrs. William Thaw is expected to be the next figure in the witness chair, and she. may be sworn either late to- morrow or early on Wednesday. With Mrs Thaw's testimony in, the defense will practically have completed it's case, and it seems likely that tile states case in rebuttal may be begun before the end of the week.
 Just what District Attorney Jerome will be able to prove on rebuttal re- mains quite as much of a mystery as ever. He complained to-day, in seek ing a broad interpretation of the rules of evidence by Justice Fitzgerald, that if he should call any of the defense's alienists in rebuttal they might refuse, 4 on the ground of professional privilege. to answer any questions put to them. This seems to indicate that Mir. Jer- ome's threat to call Dr. Allan McLane Hamilton in rebuttal carries with it the possibility that Dr. Hamilton may not testify, for at the time he made the examination of Thaw in the Tombs he was in the employ of the prisoners counsel. It is not yet exactly clear to the lay mind to what extent the dis trict attorney can go in disproving Mrs. Evelyn Nesbit Thaws testimony. He has admitted that, even if he could show that Stanford White was out of the country at the time of the alleged experience with Evelyn Nesbit in the Twemty-fourth street studio, he would not be allowed to do so on the ground that it would be collateral fact. It appears, however, that the prosecutor can call any one to contradict Mrs. Thaw in cases where she said she made certain statements to third party. In this connection Mr. Jerome has indi- IT 4 sA to testify that his sister told him that Thaw had treated her cruelty because she would not tell lies about Stanford White.
 Dr. Evans left the witness stand to- day subject to recall for redirect and re-cross examination, but he may not be called for either. The witness pro- tected the interests of the defense quite keenly throughout his cross-examina- tion, and at all times appeared match for the district attorney, who displayed so much expert medical knowledge during his famous grilliEg of pr. Wiley, the Pittsburg alienist, Dr. Evans to- day admitted that Thaw had an insane knowledge of what he was doing on Madison Square Roof Garden the night he shot and killed Stanford White. The New York statutes prescribe that : to be exempt from punishment for crime an insane person must be so de- ,, mented as not to know the nature or quality of his act, or to know that the act is wrong.
 In explaining Tnaw's actions subse- quent to the shooting-his quiet de- meanor, his directions as to what should be done with his wife and who should be sent for-Dr. Evans declared that las soon as the defendant shot Stanford White the brain storm sub- sided and his senses began to reorgan- ize themselves so that the man knew quite well what he was about. He also knew he was attacking Stanford White when he shot, Dr. Evans admitted, but the knowledge was that of an insane , man. and the act was the result of in sane reasoning.
 Dr. Wagner also declared that Thaw : had irrational knowledge of what was t transpiring on the roof garden. He be- 3 lieved the mans insanity dated from 1 the time Evelyn Nesbit told him hel story in Paris in 1903. Dr. Wagner ere s ated quite a stir in court by using the 0 present tense in responding to ques. a tion by District Attorney Jerome as tC V what form of insanity Thaw "has ol $ had" Dr. Evans declared Thaw 'i; . suffering" from symptoms which leat toward a melancholic state and a statt of dementia praecox. When asked tC describe the latter phase Dr. Wagner f said it covered such wide field of de. mentia as to be difficult of strict def nition Dr. Wagner declared Thaw'. , condition of mind at the time of t1l |, shooting was the result of one of tht ' insanities of adolescence. He would not go further than this in an attemp ' to classify the exact form
 The district attorney again to-day
 continued his somewhat puzzling tao
 ties His questioning of Dr. Evan
 seemed to have the purpose of show /. ing that Thaw never was insane to tn, T extent contemplated by the erimina statutes of this state. Again with pr e Wagner he pointed toward the sam
 end at one time, and at another seemed ldesirous of having Dr. Wagner adni
 that Thaw was suffering from forms o = insanity which might not be eurable. t Dr. Wagner was still on the stant e when adjournment until tomorrow wa s taken.