The Barre daily times. (Barre, Vt.) 1897-1959, 1907-02-16
Mother and Wife to Testify
Alter Experts
No Likelihood Of appointment Of Lunaey
Commission--Thaw Lawyers Talk
Some McPike Says District
Attorney Beaten Already.

New York, Feb. l6.--Counsel for Har.
Try X. Thaw are not much In fear tia
their client may Be subjected to ey.
animation by commission in lunacy,
with the possibility that his trial might
be stopped and Thaw sent to the Mat
teawan asylum for the criminal insane
IN case he should be adjudged insane
BY the commission. The district attor.
Iney eornbatted the admission of ThaWs
conversations iii the Tombs with the
alenists who examined him, it il said,
ia order 10 make the defense AJAX their
expert, Dr.. Evans, what Thaw's coudi
ton was at the time OF his examinations.
The result was that Mr. Delmas was
forced to ask the question whether Ihaw
was sane OF insane at the time OF the
lalienists visit to the Iomhs.
The inference drawn from Mr.. Je.
lrome's effort To get this evidence before
the jury was that the district attorney
In case Ihaw WAS declared To be insane
Tat the time of DR. Evans visit, would
make an application for the appointment
81 a commission I'd inquire into Thaw's
sanity at the present time. The result,
however was apparently not exactly
what the district attorney was after,
DR. Evans answer to the question was
that during his first and third visits
1haw was not Of sound mind, but dur
ing the last FIVE visits, the prisoner
showed a steady improvement and APP.
lproaeh toward 4 normal mental condi,
ti0m
From the time al the last examina
tian, however, up 10 the beginning ui
the trial, there was a hiatus OF two
months. and the last examination. the
expert testified, had found the defendant
still not entirely recovered, Ii was on
this testimony that the inference was
drawn that a commission to inquire into
fhaw's sanity might be asked for BY
the district attorney.
Henry CLAY McPike, Of counsel for
Taaw, had something to say about Mr.
Jerome's original contention that Thaw's
conversations with Dr Evans should not
be admitted ia evidence. MIR Mepike
said that in the arst place he thought
the defcHee had Mr.. Jerome beaten to
finish Then be said:
MIR ierolnes contention that Thaw's
conversation should not be admitted was
not good law. Mr. Dehaas comes out
of the far west 10 New York and teaches
the district attorney the law Of his own
state.
III Air. jeyoMe attempts II have a
commission III i0nacy appointed. It Is
his last gasp AFTER ne believes bimsen
beaten
From indications the trial will be con
tinued on Monday morning, when the
criminal branch OF the supreme court is
reeonvened. It Is the belief Of District
Attorney Jerome that Juror Joseph B.
Bolton. The death 81 whose wife called
halt IN the trial. will be able 20 sit
ss a Juror. Notwithstanding his bereave
ment Il l. within the discretion Of Jus.
tice Fitzgerald Niil ~ able Ia give his
full attention To the evidence presented,
and that he believes Ne will was indi
Gated by the Justice Thursday, whea he
said that he thought the trial would
80 or.
Dr II. II. Tinker Of ts57 Washington
avenue, who attended Juror Bottoms
wife, said Yesterday that, Ia his opinion.
Mr.. Bolton viii be able to continue bis
duty on the jury Monday morning. He
said THAT Mir. Bolton ia bearing tfp well
under bis bereavement and that. while
he Il somewhat affected 40 present BY
grief and loss OF sleep, he will be him
self agam ia a few days.
1t Is probable that when the trial a
resumed Dr. Britton D. Evans. the in
sanity expert, will continue his testi
mony as to what Thaw said in the
fomhs At the time the expert was max
ing his first three examinations Of him
fie has testified that on these three vi
sits he found Thaw Of msoaua mind
and il was only because OF these ad
missions that the district attorney was
willing that the testimony az to Thaw's
declarations should be admitted The
line will Be drawn sharply, however, be
tween the FIRST three visits Of the ex
pert amt the last Eve On the last Vi
sits the expert said that he found Thaw's
mind still impaired, although the prison
er had improved gradually.
After Dr. Evans testimony has been
finished Dr. Charles G. Wagner may be
called again, He may be followed hy
Evelyn Nesbit Thaw, who will finish her
testimony and who will In turn be fol
lowed BY Mrs. VIM Thaw, Harry'- moth
en-, whose testimony u is understood,
will narrate incidents 10 Harry Thaw's
childhood which might show his ten1en
ley toward insanity later in life.