Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-02-28
District Attorney Maneuyering
for Appointment Of Commits
sion of Lunacy in the NeaT
Future Is Growing Belief.
HOWARD NESBIT TO
TAKE WITNESS STAND
Prosecution Credited With In
tention TO Use Youths TeSti-
mony to Contradict That of
His Sister, Mrs, Thaw,
IBy Morning journal speelal Leased wiz. |

IBy Morning journal Special Leased wire,l
New York, Feb. 27.-Interest in the
trial today centered in the maneuvers
of District Attorney Jerome who
seemed to give further indication Of
his purpose in the near future TO ap-
ply for a commission in lunacH to re-
port on the present condition of the
defendants mind
The witness stand for the greater
part of the day was occupied by Dr.,
Hrittou D. Evans. director of the New
Jersey hospital for the insane at Nor
ris Plains n. j.. an alenist for the
defense, who was w for cross -eNami-
nation Mr.. Jerome seemed to direct
his efforts at getting from Dr. Evans
information as to the exact recognized
forms of insanity from which the eN-
pert declared Harry Thaw was suffer-
ing at the time of the brain storm
which resulted in the killing of White.
Dr.. White testified that in his will
Thaw displayed evidences Of melan-
ChOliC state of mind.
Dr. Evans had testified that In his
will Thaw displayed evidences of a
melancholic mind. The district attor-
ney dwelt for an hour or more on
the subject of mp!ancholia and asked
the expert If It was not true that In
acute melanchOlia there Is recur-
renee Of the affliction in at least one
third Of al cases. Dr.. Evans said
there was
Mr.. Jerome said he intended call
ing as a witness in rchuttal Dr. Allen
McLane Hamilton, the alienist, who
was tiIst empioYed by the Thaw de-
fense, but who has not heretofore lig-
ured in the trial. DR.. Hamilton re-
comfy returned from Europe and in a
published interview lust after he
landed, was reported to have said that
he came to the conclusion thai Thaw
was insane at the time of the tragedy
and that h els insane now.
The district attorney also stated
that he would call DR.. Charles +,
Bingaman of Pittsburg, the ThaW
family physician. in rebuttaL Dr.. Bin
gaman was on the stand for short
time today, but Mr.. Delmas objected
when Mr. Jerome started in to cross
examine the physician as to insanity
in the ThaW family, on the ground
that the witness had not qualified as
an eXnert.
Dr. Bingaman told today of visiting
Thaw last August. when the prisoner
seemed much depressed and suffered
from the deusion that a conspiracy
had been formed agains him, COM
planning that he was not allowed TO
put paper over the grating in the cell
door. because they wanted 1he cold
ali to blow in and give him pneu-
m0nia so he would die and his case
never come to trial.
BY recalling Evelyn Thaw to the
stand for few questions which he
had omitted on his long cross eXami-
nation. Mr.. Jerome early today indi-
Gated that he would cali Howard Nes-
bit her brother. to contradict her in
matter of credibility. He asked Mrs.
ThaW # she had not told her brother
that Thaw had treated her cruelty
while abroad because she refused to
tell lies about Stanford White ana say
he had drugged and mistreated hel:
He also wanted to know If the brother
had not bought her pistol with
which to defend herself against Thaw
The defendants wife denied abso-
lutely that there was any truth in any
of these statements.
Mr. Delmas announced that the de-
fense would conclude its case this
week. This, however, was on the as
sumption that the district attorney
would conclude his cross-eXamination
of Doctors Evans and Wagner today
Mr., Jerome did not even finish with
DR. Evans, who will be recalled to-
morrow morning. John T. Deemar
the physician to Mrs. William Thaw's
family. will follow DR.. Evans. and
then will come DIR. Wagner Aftel
these have testified Mrs. William
Thaw herself will take the stand, ac-
cording to present plans. The defense
may. therefore. conclude by Monday
or Tuesday of next week.
If Mr.. Jerome moves for a lunacy
commission II is expected he will dc
so during the taking of the rebutta
testimony next week.
1t was expected that Dr. Evans and
Ar Jerome would have a lively due
during the Ss-eXamination of tht
witness, but there were only one Oh
two clashes. in which the honors ap.
peared to be about evenly divided. Tho
examination dragged at times and Mr.
Jerome seldom raised his voice above
the low, placid tone he so frequently
assumes.
During the examination Of Or
Evans, Thaw began to write rapidly
and told the reporters he was pre-
pairing u statement. His action at
tracted the attention of his lawyers
VISA apparently wished to dissuade the
defendant from making a forma
statement public. However, the fol.
lowing. written upon scrap of pa
per finally reached the press table,
This is the second statement Mr.
Thaw has made since August s.
with chances of million to ont
against her, 1t Is wonderful that Mrs
Thaw prevailed against the distrlc
attorney and his blacklegs"
When court convened this mornlnl
Mrs. Thaw was recalled. Mr.. jerome
stated that he wished to ask her
few more questions which he over
looked AZ the opening cross-examina
ton He said II was not merely
matter of confirming her credibility a
a witness, but a matter which n