The Montgomery advertiser., 1907-02-12
Dr. Wagner Answers Long Question. HYPOTHETICAL QUERY PUT AFTER QtJlBBLNG Jerome Intefposes Many Objections That Arc Sustained. -s wife of Prisoaer Asain Takes stand and Identifies Cafe Martin Note
 snd says Thaw Carried
 Pfsfsl Nowhere Hut
 in New York.

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. Charles c. Wagner, Superintendent of the State Hospital for the Insane at Binghamp- ton. N. r.. declared on the witness stand late today that in his opinion Harry K. rhaw did not know that the act was wrong when he shot and killed Stanford White. Dr. Wagner steped aside for later cross -examina- ton by District Attorney Jerome and as court adjourned for the day 1t was announced that the defense would pro- ceed with the testimony of other alien- ists tomorrow morning.
 Tine taking of Dr. Wagner's opinion Of hypothetical question. the man under considerations being the author Of the letters which have been introduced as emanating from Harry Thaw during the period of his arrangement with Evelyn Nesbit after their return from Europe In 1908. followed a day of al. most continuous legal sparring between Mir. Delnias for the defense and Mir. Jerome for the prosecution.
 MT. Jerome effectuafly blocked the completion for the time being of the direct testimony of Mrs. Evelyn Nesbit Thaw by insisting that before she should go further testimony as to Thaw's unsoundness of mind should be placed before the Jury.
 Mir. Deimas tried to carry forward the young wife's story. but the Dis trict Attorney was on hts feet 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 tha Union Ma tional Bank, who stated that he had received Harry Thaw's will from the lntter's own hands some time prior to April 1. 1906. and had held 1t in safe deposit box until late in November last when he directed his secretary to for. ward 1t to John B. Gleason, of Thaw's counsel
 Mir. Gleason followed Mir. Lyon on the stand and said he had received the will bv mail On December II, 1906, and that absolutely no changes had been made in the instrument during the time 1t had been in his possession.
 MT. Jerome admitted the progress of the will from MT. Lyon to Mir. Gleason without the necessity of bring Ing the formers secretary as a witt ness. =a MT. Deimas did not offer the will
 
 the fact that it has not in its entirety been proved as having been legally ex- ecuted by Thaw.
 When Mrs. Thaw was called to the stand she was dressed precisely as when she occupied the witness chair last week AS she was taking her seat, Mir. Delmas turned to the District Attorney and renewed his demand of Wednesday last that the note which was passed by Mrs. Thaw to her husband at the Cafe Martin the night of the tragedy should be produced.
 MT. Jerooe upon the occasion of the first day had remained silent. Today he was on his feet at once. saying he would send for the slip of paper. It was brought from his office, was ident. flied by Mrs. Thaw and then read by MT. Dolmas as follows:
 The b. was here a minute ago, but went out again."
 The contents of the note caused a surprise only as to the exact wording. It had generally been supposed that the note read "The b. is here"
 Mrs Thaw testified today that the ''b-" meant the 'blackguard" as Thaw always referred to Stanford White. whom she had seen on the ball eony of the cafe.
 Tse other essential point Mrs. Thaw was allowed to bring out was the statement that the defendant never carried pistol except In New York city. She was asked many other Ques- tions. embodying various stories she had discussed with Thaw. including the alleged fate of a girl known to them as the pie girl" at the hands of Stan- ford White, but MT. Jerome blocked every question with a sustained ob- jection.
 After compelling the defense to go into the taking of expert testimony as to Thaw's insanity by his objections to Mrs Thaw's testimony Mir Jerome next proceeded to block the testimony of Dr. Wagner as to the results of his six visits to the defendant in the Tonlbs and his tests as to the latters mental condition.
 Dr waEnor was not allowed to go into the conversations he had had with the defendant nor the conclusions he had reached from these conversations He was confined by Mir. Jeromes con tinuous fussillade of objections to stat ing what he actually observed and he declared his observations were 80 close ly interlaced with his questioning Of the defendant that he did moi know. if he could separate them.
 A long argument over the point re- sulted in Mir Delmas withdrawing any Surther questions as tn the tests con- tenting himself with asking pr. wag- uer to give his ouiniOn of the hvpothet-- ical question covering the evidence ip 4he case. The question was almost rar ordbreaking In length--a comprehen- dive resume of the ertire case includ- Ine Mrs. Thnw's personal narrative
 Tn his hypothetical question Mir. Del mas accused Stanford While of having "drugged" the Nesbit girl and of hay ing attsmrted to renew "communica- tIon or relations with her subseduent tn her marriage Mir Jerome objected to these features of the question and it was amended to embrace the evidence of record as to the disputed points,
 I, was on the amended question that DT Wagner gave 1t as his opinion that Harry Thsw did not know, pe- cause of a defective reason. that his