The united opinion. [volume] (Bradford, Vt.) 1881-1970, 1907-03-08
STORY OF NESBIT
May Be Used to Contradict Eve
Ign Thaw's Statements
JEROME rs HANDICAPPED

Nature OF Collateral Fact
Evans Kpenly Defends Int r.
eStS OF the Defense
New York, March ga long stride
forward in the trial of Harry X. Thaw
was taken yesterday when District AT
torney Jerome announced that his ex-
haustive cross-examination of DR..
Evans, one of the alienists for the de,
Tense, had been concluded. DR.. Evans
had been under fire since Wednesday
morning last. He was Immediately
succeeded on the stand by DR.. Wagner
of Binghamton, who accompanied
Evans on most of his visits to Thaw
in the Tombs.
Just what Jerome will be able to
prove on rebuttal remains quite as
much of a mystery as ever. He COM
planned yesterday, in seeking broad
Interpretation of the rules of evidence
by Justice Fitzgerald, that if he should
call any of the defense's alienists in
rebutta they might refuse on the
ground of professional privilege to an
swer any questions put to them. This
seems to indicate that Jerome's threat
to call DR.. Hamilton in rebuttal carries
with it the possibility that Hamilton
may not testify, for at the time he
made the examination of Thaw in the
Tombs he was in the, employ Of the
prisoners counsel.
1t is not vet exactly clear to the lay
mind to what extent the district attor-
ney can go in disproving Evelyn Thaw's
testimony. He has admitted that even
IL he could show Stanford White was
out of the country at the time of the al
legged experience with Evelyn Nesbit in
the Twenty-Fourth street studio, he
would not be allowed to do so on the
ground that 1t would be collateral fact.
1t appears, however, that the prose
cutor can call anyone to contradict
Mrs. Thaw in cases where she said
she made certain statements to third
party. In this connection Jerome has
indicated that he will call Howard
Nesbit to testify that his sister told him
Thaw had treated her cruelty because
she would not tell lies about White.
DR.. Evans left the witness stand sub
feet to recall for redirect and re-cross-
examination, but he may not be called
for either. The witness protected the
interests of the defense quite keenly
throughout his cross and
ct all times appeared a match for the
district attorney, who displayed so
much expert medical knowledge during |
his famous grilling of DR.. Wiley, the |
Pittsburg alienist. Evans yesterday
admitted that Thaw had an insane
knowledge of what he was doing on
Madison Square roof garden the night
he shot and killed Stanford White. The
New York statutes prescribe that to be !
exempt from punishment for crime an
insane person must be so demented as
rot to know the nature or quality of
his act or to know the act is wrong.
DR.. Wagner also declared that Thaw
had irrational knowledge of what was
Transporting on the roof garden. He be-
leved the mans insanity dated from
the time Evelyn Nesbit told him her
story in Paris in 1903. Wagner Gre
ated quite a stir in court by using the
present tense in responding to a ques-
ton by Jerome as to what form of in
sanity Thaw has or had Wagner de-
clared Thaw lis suffering" from symp-
toms which lead toward melancholic
state and state of incidental praecox.
When asked to describe the latter
phase Wagner said it covered such a
wide field of dementia as to be difficult
of strict definition. Wagner declared
Thaw'S condition Of mind at the time
of the shooting was the result Of one
of the insanities of adolescence. He
would not go further than this in an at
tempt to classify the exact form.
The district attorney again con-
tinued his somewhat puZzling tactics.
His questioning of Evans seemed to
have the purpose of showing that Thaw
never was insane TO the extent contem-
plated by the criminal statutes of this
state. Again, with Wagner. he pointed
toward the same end, at one time and
at another seeming DESTROYS of having
Wagner admit that Thaw was suffer-
ing from forms of insanity which might
not be durable.
Jerome Excuses Mrs Thaw
Mrs. Thaw's ordeal upon the witness
stand came to an end Tuesday. Jerome
finished his cross-eXamination, which
had lasted through nearly five days, at
the morning session. The redirect and
re- cross-eXaminations in the afternoon
were of the briefest character and just
prior to adjournment it was announced
that the defendants wife finally had
been excused.
Mrs. Thaw was given the opportunity
to clear up the odds and ends of her
story.
Seeking Lunacy Commission
Interest was centered Wednesday in
the maneuvers of District Attorney Je- |
rome. who seemed to give further in |
dication of his purpose in the near fu-
ture to apply to the court for a com
mission in lunacy to report upon the |
present condition of the defendants
mind.
A Statement From Thaw
Harry K. Thaw enlivened an extreme
" dull session of his trial Thursday |
by giving out to newspaper men brief
statement in which he accused District
Attorney Jerome of having made IN
professional remarks in court. asserted
that his wife's testimony was absolute
HOW TO REMAIN YOUNG.
To continue young in health and
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Donough, Ga, did. She says: Three