New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-02-16
DR.PATTON MAYTESTIFY
TO SHOU THAN INSANE.
Princeton Educator Sac Him in
TOmbs-Jerome U1ants Commission.

princeton theological Seminary and ex-presi-
dent Of Princeton University, VIII be an inpor-
tant witness for the defence of Harry K. Thaw
on Monday, it is understood The presence OF one
Of the foremost educators in the United States,
to add his testimony to that of others that
Thaw was insane after the shooting of Stanford
White. lends additional interest to the trial
DR. Patton. 1t is understood received one or
more letters from Thaw, written from the
Tombs, after White was killed. During the
summer DR. Patton called on Thaw and there
was much mystery about his visit. 1t row de-
yelops that DR. Patton Will testify To the receipt
Of the letters, and will identity them. They are
said 10 he rambling and almost incoheren:.
There will be decided opposition the Part OF
the District Attorney to admit them. It is said.
as they were written after the crime was COM
mttted. but the defence believes that they can
he marked in evidence as Dr. Britton D. Evans.
one Of the insanity alienists has testified that
he found Thaw insane as late as October, al
though nc improving mentally since that
time
The report that Mr Jerom. Will make a re-
quest of Justice FitzGeraId fnr a commission in
lunacy soon as the trial is resumed on Mon
cay is emphatcally denied on all sides. Coun-
sci for the defence said several days ago that IL
Mr.. Jerome should make such a move they
we're ready to combat it. Bu1 il is not thought
probable that Mr.. Jerome viii make such a re-
quest The District Attorneys position is prac-
tically this; He docs not nnow whether 1r rot
ThaW is insane None Of his assistants know.
None of the alleuists retained 10y the prosecution
know. All that the experts can testify on
1neagre observation. is that they found ,Thaw
insane on June 26 and % the day and the second
day after the shooting. Those experts have
never had opportunity % examine 4haw
either as 10 his physical Of mental condition.
They were refused interviews by Thaw, and
they arc i'm court each day with open minds.
holding clinics as To Thaw's present condition.
QUESTION OF LUNACY COMMISSION
Mr.. Jerome is waiting for The production %
evidence from the defence thay Thaw is insane
now. If any one of the defence's experts testified
that Thaw is now Insane. hc would unite with
such witness and request the court FOR aF-
poiutment OF a commission in Iunacy- It may
safely be said that such evidence will not be
given.
DR. Britton Evans svora he found Thaw in
sane his first three visits. On five subse-
quent visits. he said. he found Thaw improv-
ing gradually and left the Inference that Thaw
is sane Dr. Evans did not examine Thaw
after October. and is unable himself 70 swear
as to the prisoners later mental condition DR..
Evans was an expert for the defence in the trial
of Josephine Terranova, and st that time said
ne believed the girl was insane during her trial.
\ commission was appointed, but Dr. Evans's
opinion was not upheld. In the Thaw trial .Dr
Evans has not given an opportunity for the
District Attorney to ask for commission
Daniel O'ReiIly. OF counsel for the defendant
was emphatic in denying the possibility Of Il
commission being asked for. He said.
In order that a commission in Iunacy might
bN appointed and tho defendant he excused
from trial for the crime with which he is
charged IL would have - he shown that the
condition Of his mind Is such now that he is
rot able 10 consult iuteIligentIy with his coun-
sci 20 the conduct of the trial This is Ger
tainIy not the case with Thaw. and afidavits
by his attorneys that he is perfectly able to
consult with them would certainly he supplied
if any attempt to get a commission in Imacy
We're made"
Henry clay McPike partner Of Dolphin NJ
Delmas and associate counsel for Thaw issued
a statement yesterday in which he criticised
some OF the objections made i'm the case by the
District Attorney. as well as some of the rul-
iugs. RE referred particularly 10 the first ex-
CIusion of the testimony of DR.. Evans as to
what conversations had taken place between
= Thaw and himself at the various examinations
MPIKE CRITICIsEs COURT
That was the worst error l ever knew or
Mr.. N1cPiEe said. IT it had not been corrected
through the consent of Mr.. Jerome 10 the sdruis-
sion Of the conversation. and if there hsd been
a conviction, IL would not have been worth a
snap of the finger with such an error as that on
the records
They think that Mr. DclmsS doesn't know The
law i'm this state, but YOU he is able 10 teuCn
the New York District Attorney the law He
pointed out the decisions showing that such con
versations were admissible. I am confident that
the defence has a number Of strong exceptions.
but don't care To- discuss them at the present
time. II did Mr. jerome might possibly cor
rect the errors he has made"
There is every probability that the trial VIII
10 continued Monday. Mr.. Bolton is said 70
be bearing UP well under his affection. and IT :
FULLY believed 10y counsel for both sides that ~
viii he able TO continue to serve. His conviction
that il is his duty 10 the state in spite o.
personal sorrow Is said 70 he decided
The defence viii have strong array Of wit
uesses next week The list has been augmented
by two or three who are expected to he OF great
Importance or the greatest importance is tn,
presence Of DR.. Patton Then DR. Graeme Ham
mond the well known aHepist it has been finally
decided will so on the stand, 1t is also under
stood that DR.. Smith Ely Jelrfre. Wen known
expert. will also testify
DR.. Evans viii probably finish his direct ex-
animation on Monday morning He will then
give way 10 Or. Patton. who VIII testify to the
letters Thaw sent 20 him Following DR. Patton
Mrs Evelyn Nesbit Thaw will probably continue
her examination. Whether Mr.. Jerome will cross
examine her al is undecided II Is decided
however. that during her examination the de-
fence viii renew It's efforts for the Introduction
in evidence of the will and cOdicil of Thaw
These papers. the defence believes are the most
important they offer evidence OF Thaw's