The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1907-02-13
DAY OF LEGAL SPARRING.
DR.. c. G. Wagner Answered a
Long Hypothetical Question.
Declared That Thaw Because of De.
fective Reason Did Not Know That
Killing of White Was Wrone-Was
Net Allowed to Go Into Converse
tions He Had With Prisoner.

|
hypothetical question covering every
detail Of the testimony up to this time
In the Thaw trial, Including Mrs. Eve
lyn Nesbit Thaw's narration of her
! life history to the defendant, Dr. C..
G. Wagner superintendent Of the state
hospital for the insane at Binghamton,
" Y, declared on the witness stand
that in his opinion Harry X. Thaw did
not know that the act was wrong when
he shot and killed Stanford White on
| the roof of the Madison Square Gar
| den.
DR.. Wagner stepped aside for cross
examination later on by District At
torney Jerome, and as court adjourned
| for the day 1t was announced that the
defense will proceed with the testi-
mony of other alienists.
DR.. Wagner's opinion of hypothet-
ical question, the man under consider
alton in that question being the au-
thor of the letters introduced as eman-
ating from Harry Thaw during the
| period of his estrangement with Eve
| lyn Nesbit after their return from Eu-
rope in 1903, followed a day of almost
continuous legal sparring between Del
| phin NJ. Delmas for the defense and
Mr.. Jerome for the prosecution.
Mrs. Thaw's Testimony Blocked.
Mr.. Jerome effectually blocked the
completion, for the time being, of the
| direct testimony of Mrs. Evelyn Thaw.
He insisted that before she went fur
ther competent testimony as to Thaw's
unsoundness of mind should be placed
before the jury. Mr.. Delmas tried to
carry forward the young wife's story,
but the district attorney was ready
with an objection to every question
asked. Mrs. Thaw had been recalled
as the third witness of the day.
One of her predecessors was ]. D.
Lyon, vice president of the Union Ma
tional bank of Pittsburg, who testified
that he received Harry Thaw's will
from the latter's own hands some time
| prior to April l, 1906, and held it in a
safe deposit box until late in Novem-
Der last, when he directed his secre-
tary to forward it to John B. Gleason,
| Of Thaw's counsel.
Mr.. Gleason followed Mr.. Lyon on
the stand and said he received the will
by mail on Dec. II, 1906, and that alb
solutely no changes were made in the
| instrument during the time it was In
| his possession. Mr.. Jerome admitted
the transfer of the will from Lyon to
| Mr. Gleason and obviated bringing
into the case the formers secretary as
a witness. Mr.. Delmas did not offer
the will in evidence, however, because
it has not in its entirety been proved
as having been legally executed by
Thaw.
Cafe Martin Note In Evidence.
When young Mrs. Thaw was called
to the stand she was dressed precise
ly as when she occupied the witness
chair last week. AS she was taking
her seat Mr.. Delmas turned to the dis
trict attorney and renewed his demand
of Wednesday last that the note which
was passed by Mrs. Thaw to her hus-
band at the Cafe Martin the night of
the tragedy be produced. Mr.. Jerome
upon the occasion of the first demand
remained silent, but yesterday he arose
at once and said that he would send
for the slip of paper 1t was brought
from his Office, was identified by Mrs.
Thaw and was then read by Mr.. Del
mas as follows: 1.-The B. was here
minute ago but went out again.
The contents of the note caused a
surprise only as to the exact wording.
1t had generally been supposed that
the note read THE B. is here"
Mrs. Thaw testified yesterday that
'the B" meant "the blackguard,"
as Thaw is alleged always to have re-
ferred to Stanford White whom she
had seen on the balcony of the cafe.
The only other essential point Mrs.
Thaw was allowed to bring out in her
testimony was that the defendant
never carried pistol except when in
New York city. She was asked many
other. questions by Mr.. Delmas en-
bodying various stories she discussed
with Thaw, including the alleged fate
of a girl known to them as THE Pie
girl" at the hands of Stanford White,
but Mr.. Jerome nullified every one of
these questions with sustained objec-
tions.
After compelling the defense to re-
sort to expert testimony as to Thaw's
insanity by his objections TO Mrs.
Thaws testimony, Mr. Jerome proceed.
ed to bar the testimony of Mr.. Wagner
as to the results of his six visits to
the defendant in the Tombs and his
tests as to the mental condition of
Thaw.
Dr. Wagner was not allowed to go
into the conversation he had with the
prisoner nor the conclusions he reach
I'd from these conversations. He was
confined by Mr.. Jerome's fusilade of
objections to testifying what he act
ually observed, and he declared his OBJ
servations were SO closely related with
his questioning of the defendant that
he did not know whether he could diff
ferentiate them. A long argument
over the point resulted in Mr.. Delmas
withdrawing any further questions as
to the tests and his contenting himself
with asking DR.. Wagner for his opin-
ion upon the hypothetical question
covering the evidence in the case. The
question was almost record-breaking
in length--a comprehensive resume of
the entire case. Including Mrs ThaW's