Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-03-05
Il Made N ThaW Murder
Trial In New York.
Prisoners Mother May Be
Sworn Today or Tomorrow.
lIIanist For Defence Proves a
Match For Jerome.

.orward in the trial of Harry K. Thaw
zoe taken today when District Attor-
70 Jerome announced that his ex-
nors,;ve cross-examination of DIR.
pri,ton D. Evans, one of the alienists
~ Evans had been under fire since
Wednesday morning last. He was i'm
n,odiatelv succeeded on the stand by
Dr Charles G. Wagner of Binghamton,
w who accompanied DR.. Evans on
most of his visits to Thaw in the
Tnrnhs Mr.. Jerome indicated by his
questioning of DIR. Wagner that he may
conclude with the witness tomorrow.
Mrs. William Thaw is expected to be
the next figure in the witness chair ard
che may be sworn either late tomorrow
or early on Wednesday.
With Mrs. Thaw's testimony in, the
aefence will practically have completed
its ease and it seems likely that the
states case in rebuttal may be begun
nv the end of the week. Just what
nistrict Attorney Jerome will be able
N prove on rebuttal remains quite as
,uuch OF a mystery as ever. He COM
nIained today in seeking a broad in
ternretation of the rules of evidence by
Justice Fitzgerald that if he would
call any of the defence's alenists in
rebuttal they might refuse on tho.
ground Of professional privilege to an
swer any questions put to them. This
seems to indicate that Mr.. Jerome's
threat to call DR.. Allan McLane Ham,
jlton in rebuttal carries with it the
possibility that Dr.. Hamilton may not
If, ha he
examination Of Thaw 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 dis
trict attorney can go in disapprOvine
Mrs. Evelyn Nesbit Thaw's testimony
He has admitted that even if he coui8
show Stanford White was out of the
country at the time Of the alleged eX
perience W it'll Evelyn Nesbit in the 24th
street studio, he would not be allowed
to do so on the ground that it would
be collateral fact. 1t appears, how
ever, that the prosecutor can call ny
one to contradict Mrs. Thaw in cases
where she said she made certain state
ments to a third party. In this con-
nection Mr.. Jerome has indicated that
he will call Howard Nesbit to testify
that his sister told him that Thaw haC
treated her cruelty because she would
not tell lies about Stanford White.
DR.. Evans left the witness stand to-
day subject to recall for redirect and
re-cross examination. but he may not
be called for either The witness pro-
tected the interest of the defence quite
kecnly throughout his cross-examina-
ton and al all times appeared a mater
for the district attorney. who displayed
so much expert medical knowledge dur
ing his famous grilling of DR.. Wiley
the Pittsburg alienist. DR.. Evans to-
day admitted that Thaw had an insane
knowledge of whit he was doing or
Madison Square Roof Garden the night
he shot and killed Stanford White. Tho
New York statutes prescribe that to BIZ
exempt from punishment for crime an
insane person must be SO demented a.
not to know the nature or quality OF
his act or to kow that the act is
wrong
In explaining Thaw's actions subse
quent to the shOotlng-his quiet de-
meanor. his directions as to wha'
should be done with his wife and who
should be sent for-Dr. Evans declar
ed that as soon as the defendant shot
Stanford White the brain storm subsid
ed and his senses beg N to recognize
themselves s" that the man knew quite
well what he was about. He also
Knew that he was attacking Stanford
White when he shot, Dr. Evnas ad
United. but the knowledge was that
OF an insane man and the act was the
result of insane reasoning.
DIR. Wagner also declared that Thav
mad irrational knowledge of what was
transporting on the roof garden. He be-
heVed the mans insanity dated from
the time Evelyn Nesbit told him hel
story in Paris in 1903 DIR. Wagne'
created quite n stir in court by using
the present tense in responding to 9
question by District Attorney jerome
as TO what form of insanity Thaw has
OF had. DIR. Wagner declared that
Ihdw Is suffering from symptoms
which lead toward a melancholic state
ana state of dementia pr7ecox. Wher
asked to describe the latter phase, DR.
wagner said it covered such wide
heid OF dementia as to be difficult oi
s'rict definition. DIR. Wagner declared
mat Ihaw'S condition of mind at the
'she OF the shooting was the result O.
one Oh the insanities of adolescence. HI
Mouid not go further than this i'm ar
attempt tn classify the exact form.
Inc district attorney again today
continued his somewhat puzzling tao.
ues. His questioning Of DR.. Evans
SEEMED to have the purpose of showing
.'ia' Ihaw never was insane to the ex
.ent contemplated by the crimina
S.atutes Of this state. Again with DR.
wagner he pointed toward the same
."u at one time and at another seemed
ueSirous of having DIR. Wagner admi
mat Thaw was suffering from forms %
insanity which might not be durable
IT wagner was still on the stant
Mnen adjournment until tomorrow wa
taken.
Inc formalities of postponing TIL
march term of the criminal branch O
u'e supreme court had to be gon
through this morning before the tria
vi Harry X. Thaw was resumed
ihaw's case was begun in the Januar
.erm ana that term will be continue
Until II is disposed of.