The free lance. (Fredericksburg, Va.) 1885-1926, 1907-03-07
OBSERVATION-DISCLOSURES
Alienists Declare Shooting Of White
Was Act Of Insane Man.
IERoME's TACTICS PULLING

K. -
His Questioning Of Experts Does Not
Expose His Purpose - Prisoners
Mother to Go On the stand-Dr.
Evans Examination Continued
New York. March "A long stride
forward in the trial of Harry X. Thaw
WAS taken when District Attorney
Jerome announced that his exhaustive
cross-examination OF Or. Britton d.
Evans. one of the aliensts for the de-
Tense. had been concluded Dr. Evans
had been under fire since Wednesday
morning last. lie was immediately
succeeded on the stand by Dr. Charles
G.. Wagner OF Binghamton, who ac-
companied Dr. Evans on most OF MS
visits 10 Thaw In the Tombs.
Mrs. William Thaw is expected to
be the next figure in the witness chair
With Mrs. Thaws testimony in' the
defense will practically have com
pleted its case, and it seems likely
that the states case in rebuttal may
begin before the end Of the week.
Just what District Attorney Jerome
Will be able TO prove in rebuttal re-
mains quite as much OF a mystery as
ever. lie complained. in seeking a
broad Interpretation OF the rules OF
evidence by Justice Fitzgerald, that II
ne should call any Of the defense alien
lists in rebuttal they might refuse on
the ground OF professional privilege
TO answer any questions put TO them
This seems to indicate that Mr. Je-
rome's threat to call Allan McLane
Hamilton in rebuttal carries with it
the possibility that Dr. 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
It is not yet exactly clear TO the lay
mind to what extent the district at
torney can go in disproving Mrs. Eve
lyn Nesbit Thaws testimony. He has
admitted that even If he could show
Stanford White was out of the coun-
try at the time of the alleged expert
ence with Evelyn Nesbit in the gath
street studio. he would not be allowed
to do so on the ground that II would
be a collateral fact II appears. how
ever. that the prosecutor can call any
one to contradict Mrs. Thaw In cases
where she said she made certain state
ments 10 a third party. In this con-
nection Mr.. Jerome has indicated that
he will call Howard Nesbit to testify
that his sister told him that Thaw had
treated her cruelty because she would
not tell lies about Stanford White.
DIT. Evans left the witness stand
subject TO recall for redirect examin-
alton. The witness protected the In
terests of the defense quite keenly
throughout his cross-examination, and
al all times appeared a match for the
district attorney Or. Evans, how
ever. admitted that Thaw had an in
sane knowledge of what he was doing
on the Madison Square Roof Garden
the night ne shot and killed Stanford
White. The New York statutes pre-
scribe that to be exempt from punish
ment for crime an insane person must
be so demented as not to know the
nature or quality of his act or 10 know
that the act is wrong.
In explaining Thaw's actions subse-
ouent to the shoOting-h his quiet de-
meanor. his directions as 10 what
should be done with his wife and who
should be sent for-Dr Evans declared
that as soon as the defendant shot
Stanford White the brain storm SUD-
sided. and his senses began to reor-
ganize themselves so that the man
knew quite we'll what he was about.
He also knew he was attacking Stan
ford White when he shot, DR.. Evans
admitted. but the knowledge was that
of an insane man. and the act was the
result Of insane reasoning.
Dr. Wagner also declared that Thaw
had irrational knowledge of what vas
transpiring on the roof garden. He
believed the mans insanity dated
from the time Evelyn Nesbit told him
her story in Paris in 1908. DR.. Wagner
created quite a stir IN court by using
the present tense in responding to 4
question by District Attorney Jerome
as TO what form OF insanity Thaw
has or had" Dr. Wagner declared
Thaw is suffering" from symptoms
which lead toward a melanchOlic state
and a state Of demenda praecox. When
asked to describe the latter phrase,
Dr. Wagner said It covered such
wide field Of dementia as TO be diff
cult OF strict definition. DR.. Wagner
declared Thaw's condition OF mind at
the time of the shooting was the re-
suit OF one of the insanties of Adde'S
cence. He would not go further than
this in an attempt to classify the ex
act form.
The district attorney again contin-
ned his somewhat puzzling tactics. His
questioning of DR.. Evans seemed to
have the purpose Of showing that
Thsw never was insane TO the extent
contemplated by the criminal statutes
OF this state Again. with DR.. Wagner,
he pointed toward the same end at one
time. and at another seemed DESTROYS
Of having Br. Wagner admit that Thaw
was suffering from forms OF insanity
which might not be durable.