The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1907-02-15
THAW DIDN'T KNOW
ACT WAS WRONG
DR.. CHARLES G. WAGNER, ALIEN
IsT, so DECLARES ON WIT.
NESS STAND.
Counsel Spar All Day-Continuance of
Wife's Story Is Blocked by District
Attorney Jerome-Cafe Martin
Note Is Introduced.

New York, Feb. 12.-Answering a
hypothetical question covering every
detail of the testimony up to this time
in the Thaw trial, including Mrs. Eve
Ign Nesbit Thaw's narration of her
life history to the defendant, DR..
Charles G. Wagner, superintendent of
the state hospital for the insane at
Binghamton, N. Y, declared on the
witness stand late Monday that, in his
opinion, Harry X. Thaw did not know
that the act was wrong when he shot
and killed Stanford White.
DIR. Wagner stepped aside for later
cross-eXamination by District Attorney
Jerome, and as court adjourned for
the day it was announced that the de-
tense would proceed with the testi-
mony of other alienists Tuesday morn
ing.
The taking of Dr. Wagner's opinion
of hypothetical question, the man
of the letters which have been intro
duced as emanating from Harry Thaw
during the period of his estrangement
with Evelyn Nesbit after their return
from Europe in 1908, followed a day
of almost continuous legal sparring
between Dolphin M. Delmas for the de-
tense and Mr.. Jerome for the prosecu-
ton.
Mrs. Thaw's Story Stopped.
Mr.. Jerome effectually blocked the
direct testimony of Mrs. Evelyn Thaw
by insisting that before she should go
further, competent testimony as to
Thaw's unsoundness of mind should
be placed before the jury. Mr.. Del
mas tried to carry forward the young
wife's story, but the district attorney
was on his feet with an objection to
every question asked.
Mrs. Thaw had been recalled as the
third witness Of the day. One of her
predecessors was J. D. Lyon, vice
president of the Union National bank
of Pittsburg, who stated that he had
received Harry Thaw's will from the
latter's own hands some time prior to
April 1, 1906, and had held it in safe
deposit box until late in November
last, when he directed his secretary to
forward it to John B. Gleason, of
Thaw's counsel Mr.. Gleason followed
Mr.. Lyon on the stand and said he
had received the will by mail on De-
cember II, 1906, and that absolutely
no changes had been made in the in
strument during the time it had been
in his possession.
Mr.. Jerome admitted the progress
of the will from Mr.. Lyon to Mr..
Gleason without the necessity of bring
ing the formers secretary as a wit
ness. Mr.. Delmas did not offer the
will in evidence, however, owing to the
fact that it has not in it's entirety been
proved as having been legally exc
cuted by Thaw.
Cafe Note introduced.
When young 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 dis
trict attorney and renewed his demand
of Wednesday last that the note which
was passed by Mrs. Thaw to her hus-
band at the Cafe Martin the night of
the tragedy should be produced. Mr..
Jerome upon the occasion of the first
demand had remained silent. Monday
he was on his feet at once, saying he
would send for the slip of paper 1t
was brought from his Office, was iden-
titled by Mrs. Thaw and then read by
Mr.. Delmas as follows:
'The b was here minute ago,
but went out again"
The contents of the note caused sur
prise only as TO the exact wording. 1t