Omaha daily bee., 1907-02-19
TWO BIG POINTS FOR THAW
Ststement 10 Toe o. as 20 Reason for Kill
ing White in Evidence.
ADMISSION OF WILL ALSO SECURED
DIR. Evans TestiRes That Prisoner
was Insane when It was Drawn
-DeImas SIN Conducting
the Case.

NEW YORK, Feb ls.-"I never wanted
to shoot the creature, I never wanted to
kill him. | knew he was a foul creature
destroying the mothers and daughters Of
America. but ! wanted through legal
means to bring him to trial. / wanted to
get him into court-to bring him to Justice
But Providence took charge of it, It was
an act of Providence"
This is Harry X. Thaw's own story Of
the killing of Stanford White. 1t was told
by him to DR.. Brtton d. Evans. the alien
list last August in the Tombs. Dr. Evans
today repeated the prisoners words to the
| jury that is trying Thaw for his life.
District Attorney Jerome fought hard last
week against the Introduction Of this evil
dence which the defense believes Is con-
elusive proof that Thaw did not know his
act was wrong. Once the testifylng ply
sicians had declared that in their opinion
Thaw was insane at the time he made the
statements. However the rules OF evil
dence permitted the introduction Of the
prison er's words,
Thnw's VIII Admitted.
In further bulwnrking their contention
that Thaw was insane when he killed Stan
J ford White the defendants counsel sue
ceeded today in placing before the jury the
will executed by Thaw the night Of his
marriage in April. 1905, and a codicll ex-
ecuted at the same time. Again Mr.. Jerome
| fought the evidence, but he significantly
withdrew his objections after DR.. Evans
had given II as his expert opinion that
Thaw was insane at the time he executed
the will. The fact that the district attor-
ney seems disposed to let in testimony of
| every character provided there is a pre-
! liminary opinion from the witness that the
man was of unsound mind at the time to
which the testimony refers was taken to-
| day as further indicating that Mr.. Jerome
may at the psychological moment, If he
deems his hand strong enough, demand
the appointment of commission to pass
on Thaw's present state of mind.
Provisions % VIII.
| The will and the cpdicil were offered in
! evidence as cumulative testimony of Thaw s
mental uns0undness prior to the killing Of
/ White. In his will Thaw provided that his
executors should set apart the sum Of
\ $4,000 to investigate his death in case OF
! violent or suspicious end, and for the
/ prosecution OF the persons suspected of
J having a hand in his taking OFF
| In the codicl Thaw left to a lawyer in
Pittsburg $500, to be used in securing legal
I leuIess from oldllDIu Nllllt anu bllt oNhSA
| person whose name was not allowed to be
read, for the benefit of four young women
who, Thaw declared had been the victims
| of degrading assaults" in house fur
nished and used for orgies by Stanford
White and other inhuman scoundrels."
Thaw also bequeathed sums of $500 each
! to Rev. DR.. Charles H. ParlShurst, Anthony
| Comstock and lawyer named in his codi-
/ Gil. to be used in discovering further al
| legged msdeeds by Stanford White and Sc
| curing redress for the women.
! Drs Hammond and Jelline will testify
| tomorrow, probably on the Improvement i'm
Thaw's mind during his confinement in
the Tombs, declaring that the stress which
| caused the mental explosion was removed
with the death of White 1t was said to-
night that Mrs. Evelyn Nesbit Thaw might
! go on the stand tomorrow to complete her
story. The trial today entered its fifth
week.
DeImas Conducts Case,
At the opening Of court Attorney Delmas
was again in his accustomed place at the
head OF Thaw's counsel table. notwithstand-
! ing reports Of disagreement.
Juror Bolton said he felt able to go on
with the trial 1t was decided that the
jurors should not again be confined until
they finally retire to make up their YER
dict.
DR.. Evans, who has been by far the most
! important witness for the defense among
the medical men, described at great length
/ his experiences in the Tombs. He told
! how Thaw declared his lawyers and phys
! icians were in a conspiracy with the dis
trict attorney to railroad" him off to an
asylum and to prevent his case from com
49, -,
close this matter up" Tnaw told the
physician that in his attempts to bring
Stanford White to justice he had COM
planned to District Attorney jerome and
that the lawyer had told him TO let the
matter drop, that there was nothing to it.
He also complained to Anthony Comstock
and to a detective agency.
DR.. Evans was corroborated as to most
of Thaw's statement by DIR. Charles G.
Wagner of Binghamton, who first figured
as a witness early last week.
Jerome and Evans Clash.
District Attorney Jerome cross-eXamined
DR., Evans briefly on his opinion that Thaw
was of unsound mind at the time of exc
cutting his will. The prosecutor and wit
ness flashed fire at the first contact and
there was every indication that when Mr..
Jerome undertook DR.. Evans cross-exam-
! ination I'm general the proceedings would
be as lively and interesting as any ever
heard in local court room. DR.. Evans
met the preliminary attacks boldly and
seemed as ready with his wits the dis
! trict attorney. This was illustrated when
Mr.. Jerome, in a tone of aggravation, asked
| the witness:
| ''Wen what are you able to say?"
There are many things l could say but
| I am not permitted to say them" retorted
| the physician amid laughter.
! Mr.. Delmas was his feet during the
| cross-examination. He interposed many
objections and generally was sustained He
looked sharply to Dr. Evans interest but
the latter appeared to be well aware of
his privileges.
Mr.. Jerome. in protesting against admit
ting the codicil as evidence, referred 70
these scandalous statements" Mr.. Delmas
objected and had his objection noted as
being to the district attorneys misconduct.
wordy conflict ensued which ended by
Mr. Jerome declaring that In future he
would concede nothing.
Dr. Evans Direct Testimony.
Dr. Brltton d. Evans, superintendent OF
the New Jersey State Hospital for the
Insane M Morris Plains was on the stand