New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-01
THAW BREAKS OUT.
HIS CURIOUS STATEMENT.
Praises Wife; Talks of Prosecution S
"BEackIegs"- Expert Defiant.

Harry K. Thaw's efforts to get personal
v.a+en,ent TO the newspapers. which were frus-
srated bv the vigilance OF his counsel on
"Wednesday. met with success yesterday. Al
r,ost as soon as he had taken his seat in the
courtroom IN the morning he leaned over and
told the newspaper men near him that later in
the day he would have something for them, the
result being that the following statement was
ISSUED through Daniel O'Reilly. one of his coun-
eel:
This is Mr.. Thaw's second statement since
With chances millions TO one against her
after the catastrophe in 1901. il is wonderful
1hat Mrs. II. X. Thaw prevailed in the cross
examination against the prosecution backed by
blacklegs.
Her testimony was absolute truth.
our evidence was Of conversations. the cross
examination has proved the exact facts under
oath.
Mr. Jerome. finding his .informants I'm certain
hines falsifiers concluded by more usual meth
ods. which is 10 his credit.
However, from some of his questions and
some Of his unprofessiOnal remarks in court. il
appeared clearly that the natural and real good
ness Of the witness is above his comprehension
The issuance Of statement by prisoner on
trial. with the consent of his counsel must he
added TO the already long list Of surprising in
cldents which have accompanied the progress Of
the case. In seeking for the reason, considera-
ton must be given 10 Thaw's increasing ner-
NOunuGSS OF indAllltI SHOWN III lne couIIOou
Those who have watched the prisoner closely
have observed that he is growing more restless
day by day. The strain OF the trial seems to
be telling on him. He is hardly ever still in
his seat. There are many other nervous symp-
toms which the alienists for the state have
noted and which later may be taken into con-
sideration should the District Attorney ask them
20 base an opinion Of Thaws sanity on his man
ner in court
Mr.. Jerome made little progress yesterday in
his efforts 70 ertangle DR. Britton D. Evans.
the defences alienist, until a few minutes-before
the end Of the court day. He had taken the let
ters written by Thaw in 1903. which are known
as Exhibits a 10 l." and had asked DR.. Evans
whether. A whole. they showed that the
writer was insane DR.. Evans said that "the
writer was in state Of mind that would not
exclude insanity" that they exhibited mental
unsoundness.' Taken individually some Of the
letters showed a 'disOrderly state of mind" He
could not give a more definite opinion the
letters alone; he would have TO take other cir
cuHstances Of the case into consideration, DR..
Evans said.
We'll. you were able TO give an opinion on
hypothetical question. which excluded a great
many things" Mr. jerome protested
My recollection is that il included many
things that aided me in forming an opinion"
rctorted the expert. At the prosecutors sug-
gostion ne repeated from memory the points
OF the hypothetical question. II then that
Dr. Evans made a blunder. for he mentioned as
one Of the hypotheses that Thaw's mother had
suffered from nervousness induced by the fact
that she had found one Of her children dead in
bed by her side fourteen months before the
birth Of Harry Thaw. This incident had not
been included IN Mr.. Delmas's question. as it
had not been admitted in evidence. Mr. Jerome
pointed this out, and. although Dr. Evans said
ne was sure he had confined himself solely 10
what was contained in the question when he
formed his opinion that Thaw was Of unsound
mind in 1903. The impression was left that this
important fact" as the expert designated il,
might have influenced him.
II IS understood that when DIR. Deemar and
Dr. Bingaman, the Thaw family physicians. are
called by the prosecution, much stress will be
placed on this incident Of Mrs. William Thaw's
life. The District Attorney will contend. and try
10 sl1ow by the physicians testimony, that from
the time Mrs. Thaw put out her hand and
touched the cold body of her baby until and
even after Harry Thaw was born, she was in a
highly nervous condition. on their testimony
and that OF DIR. Allan McLane Hamilton. the
alienist who was once employed by Thaw's
counsel and examined the prisoner in the Tombs
and who is said 10 be ready TO testify that
Thaw is suffering from progressive paranoia,
Mr.. Jerome it is asserted. win ask Justice Fitz-
Gerald for the appointment OF a commission in
lunacy.
il is probable that DR.. Evans VIII spend the
whole of to-day on the witness stand He was
served in court with a subpoena TO bring GER
tain opinions on the case he had written and
which he refused to promise 10 produce at the
request Of Mr.. Jerome.