Los Angeles herald., 1907-02-12
DECLARES
THAW IS
INNOCENT
DR.. Wagner's Testi-
mony Points to
Insanity
Alienist Says Prisoner
Didn't Know He Was
Doing Wrong
Note Written by Actress at Cafe Mar
tin Is Finally introduced as
vidence-Women Spec
tators Barred
Rv Associated Press.


NEW YORK Feb. 11.-Answering
hypothetical question covering every
detail of the testimony up to this time
In the Thaw t. Il. including Mrs. Evelyn
Nesbit Thaw's narration of her life his
tory, DR.. Charles G. Wagner, superin-
tendent of the state hospital for the
insane at Binghamton, N Y, declared
on the witness stand today that in his
opinion Harry X. Thaw did not know
that his act was wrong when he shot
and killed Stanford White.
DR.. Wagner stepped aside for later
cross-examinotion by District Attorney
Jerome, and as court adjourned for the
day 1t was announced that the defense
would offer testimony from other alien
lists tomorrow morning.
DR.. Wagners opinion on a hypothe-
tical question: the man under consider
alton being the author of letters which
have been introduced emanating from
Harry Thaw during his estrangement
from Evelyn Nesbit after their return
from Europe in 1903, furnished day Of
legal sparrlng between Mr.. Delmas of
the defense and Mr. Jerome of the
prosecution.
Mr.. Jerome effectually blocked the
completion for the time being of the
testimony of Mrs. Evelyn Thaw by In
sisting that before she should go
further competent Testimony as TO
Thaw's unsoundness of mind should be
given. Mr.. Delmas tried to carly for
ward the young wife's story, but the
district attorney was on his feet with
IN objection to every question.
Banker Testifies
Mrs Thaw had been recalled as the
third witness of the day. One of her
predecessors was j. d. Lyon. vice presi-
dent of the Union National bank of
Pittsburg, who stated that he had re-
ceived Harry Thaw's will from the lat
ter's own hands some time prior to
April /, 1906, and had held it in a safe
deposit box until late in November last
when he directed his secretary to for
ward it to John b. Gleason of Thaws
counsel.
Mr.. Gleason then swore that he had
received the will by mall December IL,
1906. and that absolutely no changes
had been made in the instrument while
in his possession. Mr.. Jerome admitted
the progress of the will from Mr.. Lyon
to Mr.. Gleason without the necessity
of calling the formers secretary. Mr..
Delmas did not offer the will in evil
dence, however, owing to the fact that
it has not in it's entirety been proved as
having been legally executed by Thaw.
When Mrs. Thaw was called to the
stand she was dressed precisely as
when she occupied the witness chair
last week. AS she was taking her seat
Mr.. Delmas turned to the district at
torney and renewed his demand of
Wednesday that the note which was
passed by Mrs. Thaw to her husband
at the Cafe Martin the night of the
H. H.
Jerome at the former demand had re-
manned silent. Today he at once said
he would send for the slip of paper 1t
was brought from his office, identified
by Mrs. Thaw and read by Mr.. Delmas,
as follows:
Note Read in Court
"The b was here a minute ago"
The contents of the note caused sur
prise only as TO the exact wording. 1t
had generally been supposed that the
note read:
1.-The B. is here"
Mrs. Thaw testified today that the
"B-" meant the blackguard, as Thaw
always referred to Stanford White.
The other essential point Mrs. Thaw
was allowed to bring out was the state
ment that the defendant never carried
pistol except in New York. She was
asked many other questions embodying
various stories she had discussed with
Thaw, including the alleged fate of
girl known to them as "the pie girl"
at the hands of Stanford White, but
Mr.. Jerome blocked the question with
sustained objections.
Compelling the defense to begin ex-
pert testimony as to Thaw's insanity
by his objections, Mr.. Jerome next pro-
ceeded to block the testimony of DR..
Wagner as to the results of his six
visits to- the defendant in the Tombs
and his tests as to the latter's mental
condition.
DR.. Wagners Testimony
DR.. Wagner was not allowed to go
into the conversation he had with the
defendant nor the conclusions he had
reached from the conversations. He
was confined to what he actually OBJ
served, and he declared his observa-
tions We're so closely interlaced with
his questioning of the defendant that
he did not know whether he could
separate them.
A long argument over the point re-
suited in Mr. Delmas Withdrawing many
OF the questions as to the tests, con
tenting himself with asking DR.. Wag-
ner to give his opinion of the hypothet-
zeal question covering the evidence in
the case.
The question was almost record
breaking I'm length a comprehensive re-
sumo OF the entire case. including Mrs
Thaw's personal narrative.
In II Mr. Delmas accused Stanford
White of having "drugged" Miss Mes