The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-03-05
KNEW Of HIS ACT
WHEN FIRED SHOT
Expert Says ThaW Had
Insane knowledge
When Shot White.
PLANS OF JEROME
STILL A MYSTERY
Complains That if He Called De-
fense's Alienists They Might
Not Testify-Mother of
the Prisoner to Be
Next Wit
ness.

~'AS'V ANAsINJ lGsAdICH IA lDHR SITldc
forward in theltrial of Harry X. Thaw
was taken to-day when District Ate
torncy jerome announced that his ex-
haustive cross-examination OF DR.. b, u.
Evans, OF the alienists for the defense.
had been concluded. DIR. Evans had
been under fire since "wednesday morn
ing last He was Immediately sue
cecded on the stand by Dr. Charles G.
Wagner, of Binghamton. N. y. who
accompanied DR.. Evans on most OF his
visits to Thaw In tho Tombs. Mr..
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,
With Mrs. Thaw's testimony in, tho
defense will practically have com
pleted its case. and IL seems likely
that the States case In rebuttal may
be begun before the end OF the week
Defense Yet a Mystery.
Just what District Attorney Jerome
Will be able to prove on rebuttal re :
mains quite as much OF mystery as
ever. He complained to-day in seek
ing broad Interpretation Of the rules
of evidence by Justice Fitzgerald that
If he should call any of the defenses s
alienists in rebuttal they might refuse
on the ground Of professional priyi-
them. This seems to indicate that Mr.
Jeronics threat to call Allan McLane
Hamilton in rebuttal carries with ii
the possibility that DR.. Hamilton may
not testify, for at the time he made
the examination OF 'rhaw in the Tomhs
he was in the employ OF the prisoners
counsel.
1t Is not yet exactly clear to the
lay mind to what extent the district
attorney can 30 in disproving Mrs.
Evelyn Nesbit Thaw's testimony.
A Hurtful Admission.
pr Evans left the Witness stand to-
day subject to recall for redirect ex-
animation. The witness protected tho
interests of the defense quite keenly
Throughout his cross-examination. and
at all times appeared match for
the district attorney DIR. Evans
to-day. however. admitted that Thaw
lad 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 demented as not to
know the nature or quality OF his act
or to know that the act lis wrong.
In explaining Thaw's actions subse-
Guent to the shooting-his quiet de-
meanor. his directions as to what
should be done with his wife and who
should be sent for--lor. Evans de-
clared that as soon as the defendant
shot Stanford White the brain storm
subsided and his senses began to re-
organize themselves so that the man
knew quite we'll what he was about. He
also knew he was attacking Stanford
White when he shot, DR.. Evans adj
Titted. but the knowledge was that
Of an insane man, and the act was the
result of insane reasoning.
Had Irrational knowledge.
DIR. Wagner also declared that Thaw had
irrational knowledge OF what was trans
piring on the roof garden. He believed
the mans insanity dated from the time
Evelyn Nesblt told him her story in Paris
in 1903. DIR. Wagner created quite a
stir in court by using the present tense
In responding to a question by District
Attorney Jerome as to what form of in
sanity Thaw has or had" DIR. Wagner
declared Thaw lis suffering" from symp'
toms which lead toward melanchollc
| state and a state Of dementia praecox,
| When asked to describe the latter phrase
| DR. Wagner said 1t covered such wide
| field If dementia as to be difficult OF
| strict definition. DR.. Wagner declared
| Thaw's condition Of mind at the time of
/, the shooting was the result OF one of
| the insanties of adolescence. He would
| not go further than this In an attempt to
| classify the exact form.
The district attorney again continued
| his somewhat puzzling tactics. His ques-
| tioning of DR.. Evans seemed to have the
| purpose of showing that Thaw never
| was insane to the extent contemplated by
the criminal statutes Of this State. Again
| with DR., Wagner he pointed toward the
| some end at one time. and at another
| seemed desirous Of having DIR. Wagner
admit that Thaw was suffering from forms
| OF insanity which might not be durable.
mr. Wagner was still on the stand whei
adjournment until tomorrow was taken