New-York tribune., 1907-03-05
THAW'S MOTHER NEXT.
IN STAND TOMORROW.
Gross Examination of Defence's
Aienists Nears End.

mother viii then 90 on the WITNESS sta'iO anu
contribute all IN her power 10 free her son.
Yesterday saw the last OF DR.. Britton II.
E7vans the principal alienist for the defence
"a Dr charles C. Wagner. who followed him,
,rss well along also when court adjourned. IL
,saxnected that the continued cross examination
DR.. Wagner will take only part of to-day
Dr Evans resumed the stand for cross-eXaul'
,nation when court opened yesterday. TIE curl"
ous feature Of seeing the adjournment OF the
.rarcb term Of court and the continuance OF the
January term was first gone through with Dis
,rict Attorney Jerome began his examination by
questioning the witness regarding the hypotheti-
cal question which Mr Delmas had asked him
several days ago The defendants actions after
he had shot White. HIS remarks TO the policeman
who arrested him and 10 his wife were all gone
aver Then MI Jerome devoted some time IN
sy,,inr "a have the witness state whether Thaw
knew what he was doing when he purchased
revolver and when he shot White He asked;
when the fireman took the weapon from
r-bav and asked him why he killed White. and
he said because he ruined my wife was that a
sign Of insanity"
III shows that he had one thought that
weighed down on him for some time. and was
stin on his mind replied the witness
Or. Evans said he did not clearly understand
the positions Of the two principals at the roof
garden tragedy. and then a most unusual scene
vgs enacted Mr. Jerome took the part OF
Thaw. while Mr. Delmas who was seated near
the witness. represented White. Mr.. Jerome
advanced on Mr.. Delmas, supposedly holding
revolver and in terse language explained TO the
witness how the shooting done. The scene
was dramatic and the audience was exceedingly
interested.
As he ended his three days OF cross-exaTnina-
don in reply 10 a question Of Mr. Jerome, DF'
Evans said:
a great many insane people are deferred py
fear Of punishment from insane actions
DR. Charles G Wagner. the superintendent OF
She ASYLUM for the Insane at Binghamton, was
then called He has testified in several cases IN
the same court, and Il was expected that ne
would not prove so taciturn and agile witness
as his predecessor. When court adjourned for /
the day II was the general opinion that he had
most sldlfuly lodged the main issue. His an
swers were made deliberately, and sometimes I
he. refused 10 reply at all the prosecutors
queries. DR. Wagner showed, it was generally
conceded. that he was thoroughly posted on his
subject but his answers in many instances were /
so worded that they threw little light on the sit
uation.
AR Jerome asked the witness about standard
works on mental diseases. but DR.. Wagner
would noL classify theIa He said he was not I
acquainted with the works Of DR.. Smith Ely /
Jelliffe. also an expert for the defence. AS for
the works Of DR.. Charles I. Dana who for 4
time was retained by he defence, The witness
said he did not ,hiak them of great value. When
the works Of DR. Alan McI.ane Hamilton we're
mentioned, the Witness refused to characterize
Iherl AT al.
Asked about the various incidents of the
night OF the shooting and for his opinion as %
Tbaw's mental condition. Dr.. Trsner said:
i am OF the opinion the man's mio3 was dis
ordered and that he an insane T.an"
Or Wagner said he was unable 10 answer sat-
isfactorily regarding the hypothetical question.
as he did not remember all oT the essential
points Then Mr.. Jerome repeated the long
hypothetical question and asked:
IN answering the Hypothetical question. did
you take into consideration anything at ALI be-
yond that? Did you take into consideration ,he
physical examinations or talks with the de-
fendant?"
The decision was solely ihe hypothetical
question" D-. Wagner replied. Continuing, he
Ha;a:
7 reached my opinion that the defendant
was insane on June % on the hypothetical
question solely. Anything I studied later Was
only confirmation Of my previous opinion. To
the best IF my knowlcdge and belief my judg
ment was not influenced by anything outside of
the h1potaet:cal question
Asked about the letters written by Thaw from
Paris ~ 1918, Dr. wagner said:
Il arn ef the belief that the defendant was of
Uasound mind the time he wrote those letters.
] am also OF the belief that he was of unsound
mind the time he told the story by Mrs.
Jhaw in Paris in 1853, and wes suffering from
a disorder Of the mind. Some of the letters I
believe very strongly show that the writer was
Of unsound mind. ] could not state positively
from the letters, however, what form Of unsound
mind il was"
DR.. Wagner said he believed the same form OF
insanity was exhibited at the time Thaw wrote
the letters the time he heard the confession
by Evelyn Nesbt. What this form of insanity
was. he could not tell. Speaking about the
eighth clause OF Thaw's viii, which made pro-
vision for the prosecution OF his murderer should
be be killed and OF the codicil to the will, Dr.
Wagner said:
The eighth clause Of the VIII. TO my mind IN
dicates deusion The codcil indicates a weak
ened mind II hardly seems probable that sane
man could have written il. / should think at
that time his mental condition was very Ques-
tionabe. and that his mind fun OF ideas de-
lusoned."
Under The -cross-exa mnation of Mr. Jerome
the witness then told of the effect Of childhood
diseases on the sufferers mind Thaw, the testi-
m0ny showed, had had whOOping cough. measles
nualps and scarlet fever He also had St
Eituss dance. In % per cent Of eases Of scarlet
AeNeF' Dr wagner said, taint OF insanity re-
eases. said:
The diseases OF childhood indicate that there
YES hereditary neurOsia, which would make him
Atle more liable 10 a mental breakdown"
Df. Aagners testimony about the purchase
- - revolver by Thaw and his use OF ii June
- was considered unfavOrabie 10 the defence
t1e said he believed that the defendant knew
,,n. Mnat ne was doing when he FIRST carried the
pistol He also thought that Thaw had knowl-
sgge OF the fact that he had the pistol on the
night of June 25
:, Denial was made yesterday shat Mrs EVELYN
SeesDt Illaw viii sue FOR divorce after the trial