The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-02-28
BELIEVES THAW SANE
DR.. Evans Makes Statement
to District Attorney.
JEROME's STRENGTH FAILING
Prosecutor shows He Is LabOring
Under Handicap of Physical Weari-
ness-Lacks ViEOr Which Charac-
terized Conduct in COurt-Accused's
Wife Is Again Called.

tcFiAed conduct IN OOurt-Accuseu'
Wife Is Again Called.
New York, Feb 27.-District Attorney
Jerome resumed his attack on the expert
witness of the defense in the Thaw trial
this morning DR.. Brltton ID, Evans su-
perintendent of the New Jersey State
Hospital for the Insane, who had pre-
viOusly testified that he thought Thaw
was insane when he shot White, spent
most of the day under the district attor
ney's cross-examination.
1t was apparent from the start that
JeromS intended to do his best to extract
from the witness some support for the
theory that Thaw was suffering from
form OF paranoia when he executed his
viii in April, 1906. His method was TO get
Dr. Evans 10 name all the different kinds
Of insanity, under which he grouped per-
sons of unsound mind, and then by the
process of elimination TO get him TO men
ton which one he thought Thaw belonged
to at the tine he made his will.
The witness said he thought the codicn
to the viii indicated that Thaw at that
time displayed symptoms sometimes
shown by persons who belonged to the
melancholic insanity group, but he care
fully explained that a person might be
long to that group at one time and very
speedily so alter as not to belong to it
any more.
Thaw Sane Now.
After a good deal of sparring between
the witness and the district attorney, Dr.
Evans said he thought Thaw was sane at
the present time, though he had not suf-
hcient data on which 10 express an ex-
pert opinion on that point.
In the course of the morning Jerome ex-
pressed his Intention of calling DR.. Allan
McLane Hamilton as a witness for the
Thaw in the Tombs some months ago
at the request of the lawyers for the de-
Tense, and Il was expected that ne would
appear as a witness for Thaw. 1t was re-
ported subsequently, that he had had a
faIllng-out with the Thaw counsel and
would not appear in the case.
IL is credibly stated THAI Dr. Hamilton
Is Of the opinion that Thaw was insane
at the time he examined him and he IS
insane AT the present time. Should he
testify that he believes the defendant now
to be of unsound mind, the district at
toney would probably have sufficient
ground for asking the court to appoint
d commission in lunacy to examine the
defendant, That he viii do SO if he
thinks the evidence justfies there is not
the slightest doubt
a..
whatever that the defense would fight
this proposal to the last gasp. II is the
theory Of the ThaW lawyers that Thaw
insanity was only temporary. and that he
is perfectly sane now. Should Jerome
make this move. they would probably
offer evidence TO prove that Thaw Is
sane enough nj the present time TO con-
fer inteiiigenuy with his counsel and 10
give them valuable assistance in the man
agement of his case.
jerome shows Strain.
Jerome iabored to-day under the obvious
handicap of physical WEAKNESS; he looked
and acted as If ne were tired out by the
strain Of the case. There was lacking
the vigor which previously characterized
bis conduct in court. Moreover. the court
frequently ruled against him and sup
ported the contentious Of Delmas
The encounter between Jerome and Or.
Evans, sometime ago in the corridor Of
the Criminal Court Building, made their
personal relations unpleasant. and in the
cross-examination to-day there were
numerous sharp passages that reminded
the spectators that there was anything
but good feeling between them.
nt no hrr rgt-5
Evans if ne were not a graduate Of the
same medical school as Dr. Wiley. nf
whose testimony jerome left SO little
after his cross-eXamination. But Delmas
succeeded in heading off that question.
Then the district attorney wanted 20
know If DR. Evans esteemed himself rs
a master of his profession.
In the sense that a master must know
ali about H. retorted DR.. Evans. there
is no master in medicine, just as there
is no master in law"
Jerome and Expert Spar.
That the spectators thought the doctor
had landed on the district attorney was
shown by the ripple of mirth that went
around the courtroom. But the district
attorney came back by referring to
pamphlet Or. Evans had written describ-
ing the best methods of testifying as an
expert. and inquired if the witness was
stil of the impression that calm dignity
was more characteristic of ability in a
witness than sharp reQaTtee. DIT. Evans
returned that some questions were likely
to provoke repartee.
Dr. Evans said that he had once adj
dressed the Y. NJ. c. A., of New York,
and Jerome asked him, reading from an
account if he had then said that he had
gone into court and by using a lot Of
big words had foiled the judge and jury"
But Delmas objected on the ground that
a newspaper report was not the proper
basis for such a question, and Justice
Fitzgerald so held. Dr. Evans said that
he often prepared a brief in important
cases like this. but had not done so in
this case. The district attorney said
that he wanted to show that in this case
Dir. Evans had departed from his custom
from sinister motives" but the court
held that the attitude Jerome was taking
was so broad that he must sustain the
objection raised by Delmas
Question Declared Ridiculous.
The district attorney had a long list of
ques tons about the books that Dr. Evans
had read on the subject of insanity The
witness mentioned several, but said that
he knew of no work on the subject that
he could subscribe to in its entirety.
Have you read all of any book on
nervous or mental Diseases" demanded
Jerome
The witness replied that he had read
al Of Savage's book on the subject. but
he could not tell if he had read others
from cover 10 cover, word for word.
Il don't study in that sehoolboy fash
ion" he said.