New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-02-28
OTTO II. KAHN.
INSANITY FIGHT ON.
EXPERT TESTIFIES.
Jerome Intimdtes He Thinks PRS
Oner Il PdranOiac.

With the advent yesterday OF DR.. Brltton D.
Evans on the stand to face District Attorney
Jerome's cross examination, the real fight 20
decide whether Harry X. Thaw is or is not
now insans-which, after all. is the crux of the
trial-may be said to have begun. Although
there are three other alenists for the de-
fence-Dr. Smith Ely Jeliffe DR.. Graeme
Hammond and DR.. Charles G. Wagner-that
part of the defence which depends on prov
ing that Thaw was suffering from kind of
insanity at the time he shot White, from which
he has since recovered. depends largely on the
testimony OF DR. Evans His examinations have
been both more frequent and more thorough
than those OF the other experts.
D.. Evans withstOod yesterday Mr. Jerorne's
attack without giving way To any serious ex-
tent What the District Attorney particularly
wanted was to have the alienist classify the
Kind OF mental unsoundness which he had testi-
fed on direct examination Thaw exhibited on
April f. 1900, the day he married Evelyn Nes-
bit and executed his VIII and codiciI. MI Je-
rome believe 1t was paranoia The most the
witness was willing to do was to say that Thaw
was mentally unsound temporarily" and that
he was under the influence Of marked men
tai depression" Il know you would like me
to say that Thaw was suffering from rnelan-
choa," DR.. Evans told Mr.. Jerome at one time
but he would not do
Throughout the whole Of his cross-examina-
ton yesterday the Jersey alienist proved a most
agile opponent His replies 10 the District At
torneys questions We're given with the utmost
deliberation and with many qualifications. Fe
would never say Yes or mo" Try as he
would, the prosecutor could not pin him down
70 definite statements. Into how many groups
do YOU classify insanity" Mr. Jerome asked.
DR.. Evans wouldn't admit that he classified in
sanity into any particular number of groups
but by dint of much patient qu'zzug the Dis
trict Attorney found that at the New Jersey
State Hospital for the Insane. of which DR.
Evans is superintendent. four groups are rec
oSnized. maniaCal, depressed states demented
states and special forms of insanity. These In
turn are subdivided But DR.. Evans could not
assign Thaw's marked mental depression" to
any one of these groups or subdivisions
The District Attorneys belief that the defend
ant IS paranoiac was shown when Justice Fttz-
Gerald upheld an objection made by Mr. DeInas
TO a question to the antiquity of the disease
why the very essence Of this case IS para
noia" said Mr.. Jerome.
The other important witness OF the day was
DIR. Charles F. Bingaman, one of the Thaw fam
lily physicians. During his testimony the Dis
trict Attorney reiterated his declaration that if
he was convinced that Thaw was insane when
he slew White he would say so. 'If I can ffnd
that he crazy 1 am going to say So as 1
have said before in this case" were his words
DIR. Bingaman Thaw in the Tombs in Au-
gust OF last year. Thaw complained there was
a conspiracy against him. Il should say that he
was Irrational" the physician answered 10 a
question 10y Mr Demas. He was certainly
laborlng under a deiusiou.'' Or. BiEgaman dill
not qualify an alienist, but Mr. Jerome had
said he would rather have his opinion than that
OF all the experts so the old family physicians
testimony must he considered OF considerably
Importance
At this point II came out that tho defence ex-
poets to complete it's case this week
Mrs. Evelyn Thaw was called back for Few
moments at the opening OF court. She denied in
positive tones and terms that she had ever told
her brother that Thaw had "brutally abused
her; that Thaw had compelled her at the pistols
point to make statements rejecting on White.
and that she ever gave her brother money with
which to purchase revolver for herself How
ard Nesbit may be called by the prosecution.
though 1t is scarcely liKely. 1t is said that his
sister recently refused to receive him when he
called on her at the Hotel Lorraine
Dr. EVans's cross-eXaminatiOn will be con-
tinued to-day.