Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-05
FAMILY Is PRESENT

COUNTESS OF YARMOUTH Is THE
ONLY ABSENTEE.
NEW YORK, March 5.-Just before
| court reconvened after the luncheon re-
cess yesterday, Mrs. william Thaw ar
rived at the courthouse, accompanied by
(, Mrs. Evelyn Nesbit Thaw, Mrs. George l..
Carnegie and Mrs. ]. J. Game, who seems
! to have taken May MacKenzies place as
| the younger Mrs Thaw's companion, They
| went at once to the witness room adjoining
the courtroom. Edward and Josiah Thaw,
| Harry Thaws brothers. continue to occupy
seats in the court ROOM The Countess Of
Yarmouth was the only one Of the family
| not present in the court building yesterday
| afternoon.
Dr.. Wagner was called again to the stand
when the afternoon session began.
Il understood you to say this morning
Doctor" began Mr.. Jerome, that you were
| not able to classify the exact form of this
defendants insanity?' -
That is true. 1t is difficult to classify
insanity in so short time. We can easily
time before we can tell just what form Of
fever it isl
How long would it take you to reach a
scientific conclusion in case Of insanity
THAT would vary with the patient"
But it appeared perfectly plain and
clear to you that this defendant was in
sane the night he killed Stanford Whittier"
Il had no hesitation in reaching that
conclusion"
Mr.. Jerome read the hypothetical aues-
ton asked the witness on direct eXamina-
ton by Mr.. Delmas. and DR.. Wagner said
that from the facts as given him in that
question he had said he had formed an
opinion as to the insanity of the defendant
| and still had the same opinion. His Opin-
ion, he said, had been formed entirely on
| the hypothetical question, and that he had
eliminated from his mind his personal ex-
| animation of. Thaw and his conversations
with him, so far as he was able. The wit
ness had made no personal examination or
observation Of the defendant since October
last, he said.
Heredity Might Figure.
would the fact that an uncle Of this de-
PENDANT was of unsound mind have any in
fluence on your opinion?' asked Mr.. Jerome.
Yes"
"Would you consider the knowledge Of a
| neurotic family history as only of value in
case of toxic insanity, the result of Bright's
disease?"
| yes because of the fact that so many
people who have Bright's disease and who
do not become insane. The neurosis in the
| family might be of importance"
neurotic condition, the witness said. Is
| of consequence. of but small consequence.
| 1t is valuable and must be considered, but
! it is not Of great value"
Mr.. Jerome took up each section of the
! hypothetical question separately, then asked
! DIR. Wagner If each fact was material in
| his consideration of the question and in his
answer. ST. Vitus dance. DR.. Wagner said,
| showed a neurotic condition, and the fact
| that Thaw had it certainly was of weight
| in answering the hypothetical question. He
| said II all horizons of the
question relating to childhood diseases were
eliminated from the question his opinion
| would not be changed.
Mr.. Jerome thought DR.. Wagner should
| familiarize himself with every part of the
| long hypothetical question, and SO he gave
| him copy Of it to study. Meantime JUS
| tice Fitzgerald ordered Commute recess.
| At the conclusion of the recess Mr.. Je-
rome asked DR.. Wagner If he had seen the
| hypothetical question before it was framed
| to him on the stand by Mr.. Delmas. He
said he had not.
| But you were able to give an opinion
right away?" e..
I II did give an opinion" .-.-.
| Did the defendants letters suggest in
| sanity to your mind? ?"
| Some Of the letters were strongly indica-
| tive of mental unsOundness."
What form of unsoundness?'
Il cannot state positively by. taking the
| letters by themselves. Some of them indi-
| cate the delusional state
Letter to Comstock.
Mr. Jerome next handed the witness a
copy of the letter which Thaw addressed
| to Anthony Comstock, complaining of al
| legged "dens Of vice." which, he declared,
| were maintained by White and "other rich
| scoundrels." He asked what light this
| letter threw on the condition Of the
writer.
1T is indicative Of q delusional state"
| the witness replied.
Mr.. Jerome next took the witness to the
scene in Paris, where Evelyn Nesbit told
her life story to Harry Thaw. The prose-
| cutor read at length from the young wom-
ans testimony and then asked If the wit
| ness thought the defendant was insane be-
| fore or after he heard the story.
You will observe" said Mr.. Jerome.
that Thaw knew something of Stanford
White. because before the girl had told
| because of Stanford White she said, Yes
and told him the story
Il am of the opinion" replied Dr. Wag-
ner. that the girls overpowering story
precipitated a state of mental unsound.
ness"
twas the defendants condition after the
| telling Of the story such as to show you
that he was then insane?
II don't think SO. 1t would require the
other facts as WELL.
"Do you think he was insane before she
told him the story"
Does the fact that very soon after this
story was told him he travelled with her
without being married make any difference,
In your opinion, of the effect the story had
on his mind?"
mo. He was always ready to marry her
and did finally marry her, which shows his
good faith. don't think his relations with
her were at all strange
Reverting to Thaw's will, DR.. Wagner said
the eighth article of the document showed
a delusionary state of mind, while the codi-
ell was so unusual as to lead to the belief
that a sane man would not have written 1t.
Hereditary Predisposition.
DIR. Wagner, in response to long line OF
questioning by Mr.. Jerome, said the effect
of an hereditary faint was not matter of
physical determination. but simply made
the subject "a little more susceptible" He
declared that Thaw had an hereditary pre-
disposition to mental disorders as shown
by the st. Vitus' dance and his nervousness
and sleeplessness when a boy.
IT. would say continued the alienist.
that all these contributions Of hereditary
necrosis made this defendant g. little more
liable to a mental breakdown.
You say "a little more as opposed to a
great deal more, / presume?' suggested Mr..
Jerome.