The Birmingham age-herald., 1907-02-19

man so to send him to the penitentiary." l Dr. Wagner repeated Dr. Evens' state 1 ments as to his visit of September 19, when Thaw dismissed his attorneys and physician.
 Did Thaw ascribe to himself any par ticular function in dealing with the sub 1 ject that was on his mind. ?''
 Yes he said it was his providence to look after the welfare of young girls l and lead them along moral lines"
 Did he mention the names of any young women?"
 ''Yes sir
 The witness was not asked to give these | names.
 Agent of Providence.
 Dr. Wagner repeated Dr. Evans con- clusion that Thaw's idea that he was acting as an agent of providence in kill ing Stanford White was an insane de- l fusion.
 Before Dr. Wagner was excused, Mir l Delmas said: We now come to the mat ter of the will of the defendant"
 Justice Fitzgerald said he would like to 1 have a copy of the will to read before passing on any of the points as to it's ad7 instability.
 l MT. Demas suggested that only parts of the will were essential to the purpose of the defense.
 q would like to keep out of the record l that which is not material,' said Justice l Fitzgerald.
 50 would we" assented NIr. Delmas.
 "If the will is offered" District Attor- ney Jerome here interposed, ''it will have l to all go in. There are clements as to ! handwriting, etc, which must be consid- cred by the jury" l This statement of Mr. Jerome was taken to indicate that he will no longer op- pose the admission Of the will as evidence. l At this point the luncheon recess until l 2 clock was ordered. I Afternoon Session.
 Immediately after recess Dr. Evans was again called to the stand, temporarily re- l placing Dr. Wagner. The witness was shown Thaw's will and examined 1t in silence for some time.
 After Dr. Evans had finished reading Thaws codicil to the will, MT. Delmas 1 asked:
 ! Doctor, are the names mentioned in 1 this eodicl the same as those you have l testified MT. Thaw gave you as victims of Stanford Whites practices?" MT Jerome objected to this question on the ground that it was an attempt to get into evidence the contents of paper for l the introduction of which there had been no foundation laid.
 DeImas Stops Jerome.
 "I object to this idle scandalous talk" l ed by MT Delmas, who objected and 1 took exception to the statement and asked 1 that it be noted that the exception was 1 due to the misconduct of the district at 1 torney.
 q am not talking to the jury.' said MT. Jerome "G am talking to the court We have twelve intelligent men here, and l they are going to decide this case on the 1 talk of counsel -
 q object" repeated MT. Delmas, 'to the l learned district attorney referring to this l codicil or this will as containing scan- 1 dal'
 l 'Whether they are true or not this will contains statements of scandal" again asesrted Jerome.
 q object" replied MT. Delmas in firm tone.
 q think we had better get back to the question, Suggested Justice Fitzgerald, in conciliatory tone. 'I understand the question is open to objection on the ground that it is an attempt to get some thing indirectly into the record
 q am laying a foundation for the ulti- 1 mate purpose of offering this VIII Tn eVl- i dence," said MT. Delmas. 1 My object now is to identify these names without making them public. If the district attorney insists, l will nave Dr. Evans state the names, but 1t is not my disposition to do so.'
 q see a way out of all of this" said |. ritability.
 was crazy when he made the will, and then let them put the will in. If the court | shall hold it to be cumulative evidence | and therefore admissible q intended following that course" said ! MT. Delmas.
 pr. Hammond Called.
 s.Dr. Evans was excused and pr. | ,F 4hA l1 fendant's alienists, was called. Before 1 pr. Hammond was sworn. however. MT. | Delmas changed his mind and had pr. | Evans once more recalled.
 pr. Evans was shown the Thaw will and asked if he had ever seen it before. 1 He said he had not but he had seen l what purported to be a copy of it. Mir. l Delmas asked Mir. Jerome to concede that ] the copy made in the district attorneys office was correct.
 ''I don't concede anything" said MT. l Jerome. Ut is an outrage, I say, to bring a man here after seven months | preparation of this case and fritter away the time of the court in reading docu- ments."
 Tt is your privilege not to concede anything, not even common courtesy. was Mir. Delmas' reply.
 q am exercising my privilege, snapped MT. Jerome.
 Or. Evans then proceeded to read the l Nolumnous will.
 When Dr. Evans had finished reading the original will. Mir. Delmas asked:
 Gan you state whether Thaw at the | time O. executing the will and codicil was of sound or unsound mind, taking all you | know of the case into consideration!
 Mir Jerome interposed technical ob1ec- | ton to Delmas' method of indicating what he termed defendants exhibits A | and r for Identification
 This necessitated reframing of the question. Then Dr. Evans answered:
 Not of Sound Mind.
 "It is my opinion that he was not of | sound nind.'
 | Mir. Jerome then began cross-exam- nation of the witness as to the will. He