Evening journal., 1907-03-06
Dr.. Evans Also Says Pitts
burger Knew That State
Furnishes Crime
ALIENIST WILL LEAVE
THE STAND TODAY

BY Our own Wire Publishers Press.
NEW YORK. March 6-The parting
Of the ways for District Jerome's
ioubie-barreled attack on Harry Thaw
has about been reached. Hitherto
Jerome has proceeded along both lines
OF his attack, one aim being apparently
TO prove Thaw sane when he killed
Stanford White. opening the way to
send him TO the electric chair; the
other line Of attack intended to prove
the defendant is still insane and a
fit subject for treatment at Matteawan.
Jerome's cross examination OF the
defense's experts has developed so lit
tie that it is apparent he must very
shortly drop one or the other Of the
theories he has been working on and
develop fully the one ne viii make his
final plea to the jury ON.
Jerome has not broken down the case
of Thaw's insanity experts in any inn
portant particular This has placed
him in an embarrassing position. Just
as the defense, some time ago. was
forced to withhold part of its testi-
mony until it had laid the bassis for
showing Thaw insane at the time of
the shooting, so Jerome will probably
he halted in his effort 20 prove Thaw
insane now unless he lays a better
basis for the admission Of such evil
dence
Jerome was fatty baked in trying
to make the defense's experts furnish
the basis for attacking Thaw's sanity
at present. He questioned DR.. Wagner
as to Thaw's condition at this time
but the doctor declared that he could
not tell anything about IT,
II would not be surprising to fol-
lowers Of the trial # Jerome abandoned
temporarily the effort to show present
insanity. at least until time for rebut-
tai when he can put his own experts
on the stand to lay the basis for such
testimony.
Jerome is not expected TO keep DR..
Wagner on the stand very long to-day.
His failure to damage the doctors
direct testimony has been so marked
that the prosecutor is expected 70 con-
sent 70 his leaving the stand without
wasting much more time or him.
Then win come the turn OF Mrs.
William Thaw for which che has wait
ed so long. During the last two days
she has sat in the witness room ex-
pecting at any moment to be called.
No one imagined Jerome's cross-ex-
animation of DR.. Wagner would be so
lengthy and Mrs. Thaw has suffered
mentally while waiting for the ordeal.
To-day she was somewhat unnerved.
but bravely faced the task which she
felt would come before night.
"BattIine" Nelson in Court.
Battling Nelson. the pugilist, at
tracted more attention to-day i'm the
courtroom than did Harry Thaw,
whose life is at stake. Other actors
IN the trial sank into utter insigni-
hcance beside the prize ring hero.
Nelson, attired in a grey suit, and
wearing a light overcoat, had a seat
IN the front row where Thaw's rela-
tives are generally seated. His man
ager and inseparaible companion, Billy
Nolan. sat at his side.
While the court room was filling up
the spectators studied Nelson. He
"modestly'' tried TO avoid the stares
which usually are unblushingly center
ed on Thaw
"Thaw ought to have a medal for do
ing what he did" This was Battling
Nelson's remark as he passed his judg
ment on the Thaw trial five minutes
after he had entered ,the court room.
There was a smaller crowd i'm the
court room, expert testimony having
lost its attractiveness.
Thaw came in looking undisturbed.
The insanity" testimony is getting
On his nerves as he clearly showed be-
fore the probing of his alienist, DIR.
Wagner, had continued long.
When Thaw entered1 Nelson sized
him up carefully Thaw returned the
compliment soon afterwards. Dan
O'Reiny whispered into his ear that
Nielsen was in the room and Thaw
turned clear around to size up the
"scrapper" who sat directly behind
him.
For a moment both mem gazed
steadily at each other. Then Thaw
swung around toward the judge. But
several times while Nelson remained
in the court room Thaw turned half
way around to steal a quiet glance at
the fighter.
Jerome save scant hope TO the spectators
who were longing Cor the expert testimony
to be discontinued by sending in his crowd