The Montgomery advertiser., 1907-03-05
DR. EVANS
 COMES DOWN Long Stride Forward in
 Case. DR WAGNER TAKES STAND Mrs. William Thaw Will Probably
 Testify Today. Defense is Expected to Close its side Thi. Week And Jerome Will Thea Begin Redirect Tes-
 timony.
R WAGNER TAKES STAND

New York, March IA lons stride forward in the trial of Harry K. Thaw was taken today when district attorney Jerome announced that his exhaustive cross examination of pr. Britton D. Evans, one of the alienists for the defense has been con- cluded.
 Dr. Evans had been under fire since Wednesday morning last. He was im- mediately succeeded on the stand by pr. Charles G. Wagner of Bingham ton, N. r., who accompanied Dr. Evans on most of his visits to Thaw in the Tombs. MT. Jerome indicated by his questioning of Dr. Wagner thaI 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 the de- fense will practically have completed it's case and it seems likely that the state case in rebuttal may be begun before the end of the week.
 Just what district attorney Jerome will he able to prove on rebuttnl re- mains quite as much of mystery as ever, He complained today in seeking A broad interpretation of the rules oL evidence by Justice Fitzgerald that if
  ienista in rebuttal they might refuse on the ground of professional privilege to answer any questions put 10 them' This seems to indicate that MT. Je- rorne.a threat to call Allan Mclean Hamilton in rebuttal carries with IL the possibility that pr. Hamilton may not testify. for at the time he made the examination of Thaw in the Iohlns he was in the employ of the prisoner counsel.
 |, ia not vet exactly clear to the lay mind to what extent the district attor- ney can go in disproving Mrs. bVelyh NeHbit Thaw's testimony. He has ao- nnitted that even If he could snow stanford White was out Of the country at the time of the alleged experlence
 with Evelyn Nesbit in the s4th street 4st,,,s.s, .te would not be allowed to do. so on the ground that it would pc collateral fact.
 T1an Contradict Evelyn. ' If appears, however, that the prose cutor can call any one to contraolcs Mrs. Thaw in cases where she saio she made certain statements 10 thiru marty MT. Jerome has indicated that ba will cali Howard Nesbit to testify thai his sister told him Thaw haa treated her cruelty because she would not tell lies about Stanford White'
 Dr Evans left the witness stand to- dav subiect to recall for re-oirect eA- Animation. The witness protected tne Interests of the defense quite keeny th~ougbout his cross examination ana a1I ttn9as anpeared a match for the Dts4rict Attorney. Dr. Evans today bowever. admitted that Thaw had an tnsapa knowledge of what he was do- tner on Madison Square roof garden the night he shot and killed StahIoro White. .,,,ao t, he
 The New York statutes provide 10 pc exempt from punishment for crime an tnsane person must be so demented as moi to know the nature or quality or his act or to know the act Is wrong
 In explaining Thaw's actions subse- nuent to the shooting-his duiet de- meanor, his directions as to what should be done with his wife and who should be sent for-Dr. Evans declared that as soon as the defendant snot Stanford white the brain storm suDsid- ed and his senses began to recover tbemselves so that the man knew orite well what he was about. lie also knew he was attacking stanford White when he shot, Dr. Evans admitted put the knowledge was that or an insane man and the act was the result VI Ah- sane reasoning.
 Dr Warner also declared that Thaw had irrational knowledge of what was transpiring on the roof garden. He believed the mans insanity dated from the time Evelyn Nesbit told him her story in Paris in 1903. pr. Wagner created quite a stir in court by using the present tense in responding to question by District Attorney Jerome as to what form of insanity Thaw has or had.
 pr. Wagner declared that Thaw ''is sufferingT from symptoms which lead toward a melancholic state and state of dementia praecox. When asked to describe the latter phrase, Dr. Wagner said 1t covered such a wide field of de- mentia as to be difficult of strict defni- tion.
 The District Attorney again continued his somewhat puzzling tactics. His of Dr. evans seemed to have the purpose of showing that Thaw never was insane to the extent contem- plated by the criminal statutes of this State. Again with pr. Wagner he pointed toward the same and at one time and at another seemed desirous of having Dr. Wagner admit that Thaw was suffering from forms of insanity which might not be eurable. Dr. Wagner was still on the stand when ad- was taken.