The Birmingham age-herald., 1907-03-05
Mrs, William ThaW Will Fol- low the Aienist on
 Stand
HAM|LT MAY GET OUT ON
 PROFESSIONAL PRIVILEGE
Defense May Finish Evidence This Week-Long Strides Made-Je-
 rome Keeps Up His
 Puzzline Tactics.

New York, March IA long stride for~
 ward in the trial of Harry K. Thaw was
 taken today when District Attorney Je- rome announced that his exhaustive oss-eXamination of pr. Britton D. Evans, one of the alienists for the de- fense, had been concluded. Dr. Evans had been under fire since Wednesday morning last. He was immediately suc- ceeded on the stand by Dr. Charles G. Wagner of Binghamton, N. Y.. who ac- companied Dr. Evans on most of his visits to Thaw in the Tombs.
 MT Jerome indicated by his question: ing of pr. Wagner that he may conclude with the witness tomorrow morning.
 Mrs. William Thaw is expected to be the next figure in the witness chair. With Mrs. Thaws testimony in the de- fense will practically have completed It's
 case, and it seems likely that the states
 case in rebuttal may be begun before
 the end of the week.
 Just what District Attorney Jerome will
 be able to prove on rebuttal remains quite as much mystery as ever. He com-
 plained today in seeking broad interpre-
 tation of the rules of evidence by Jus tice Fitzgerald that if he should call any
 of the defenses alenists in rebuttal they
 might refuse on the ground of profess
 sional privilege to answer any questions
 put to them. This seems to indicate
 that MT. Jerome's threat to call Allan
 McLane Hamilton in rebuttal carries with
 1t the possibility that pr. Hamilton may
 not testify. for at the time he made the examination of Thaw in the Tombs he was in the employ cf thoscusoner's coun- sel.
 It is not yet exactly clear to the lay
 mind to what extent the district attorney
 can go in disproving Mrs. Evelyn Nespit Thaws testimony. He has admitted that even if he could show Stanford Whlte
 was out of the country at the time of the alleged experience with Eyely Nesbit
 in the Twenty fourth street studio, ne
 would not be allowed to do so, on the
 ground that it would be d collateral fact-
 It appears however, that the prosecutor
 can call any one to contradict Mrs. IhaW
 in cases where she said she made certain
 statements to a third party. MT. Jerome
 has indicated that he will call Howard
 Nesbit to testify that his sister told him
 Thaw had treated her cruelty because
 she would not tell lies about stanford
 White.
 pr. Evans left the witness stand to- day subject to recall for redirect exam ination. The witness protected the inter- ests of the defense quite keenly through out his cross examination, and at all times appeared match for the district attorney Dr. Evans today, however, ad- mitted that Thaw had an insane knoWl- edge of what has was doing on Madison Square roof garden the night he shot ana killed Stanford White. The New fork statutes provide to be exempt from pun ishment for crime an insane person must be so demented as not to know the na-
 ture or quality of his act, or to know
 the act is wrong
 In explaining Thaw's actions subse- quent to the shooting-his quiet demeah- or. his directions as to what should pc done with his wife. and who should pc sent for-Dr Evans declared that as soon as the defendant shot Stanford White the brain storm subsided. and his senses be- gan to reassert themselves, so that he knew quite well what he was about. lie also knew he was attacking Stanloiu White when he shot Dr. Evans admitted, but the knowledge was that ol an insane man. and the act was the result of ln- sane reasoning.
 pr. Wagner also declared that Thaw had irrational knowledge of what was transpring the roof garden. He be- lieyed the mans insanity dated from the
 time Evelyn Nesbit told him her story
 in Paris in 1903. Dr. Wagner created
 quite a stir in court by using the present tense in responding to a question by Dls- trict Attorney Jerome as to what form of insanity Thaw has, or had.
 Dr. Wagner declared that Thaw lis suf- fering'' from symptoms which lead to- ward a meancbolic state, and state Of dementia praecox. When asked to de-
 scribe the latter phase, pr. Wagner said it covered such wide held or dementla
 as to be difficult of strict definition The district attorney again continued
 his somewhat puzzling tactics. His ques- tioning of pr. Evans seemed to nave the purpose of showing that Thaw never was insane to the extent contemplated by the criminal statutes of this state. Asaii with pr. Wagner he pointed toward the same end at one time and another seemed desiro,,s of having Dr. Wagner admit
 that Thaw was suffering from forms or insanity which might not be curable. pr. Wagner was still on the stand when au- journment was taken.
 The formaliies of postponing the March term of the criminal branch of the su- preme court had to be gone through this morning before the trial of Harry
 K. Thaw was resumed. Thaw's case was begun in the January term. and will be continued until it is disposed Of. Dr.
 Britton D. Evans, the New Jersey alien ist. who was under cross-examination Wednesday, Thursday and Friday last. was again placed upon the witness stand as soon as Thaw was called to the bar.
 Thaw again brought into court several big brown portfolio envelopes filled with letters. He receives several scores of
 missives daily. some of the letters com ing across seas, and his Monday morn
 ing mail always is heavy. Thaw engaged
 his lawyers in earnest consultation when he took his place facing the witness and the jury box. He directed his remarks especially at Mir. Peabody and MT. Me Pike The latter seemed desrous of avoiding the conversation and drew back several times with tolerant mods of the head The defendant, however was earnest and would not be denied. He continued to talk for some minutes Then