The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-02-12
IHAW DIDN'T KNOW
ACT WAS WRONG
SAYS DR.. WAGNER
CONTINUED FROM PAGE IL

question covering the evidence IN Inc
case. The question was almost record
breaking in length-a comprehensive re-
sumo of the entire case, including Mrs.
Thaw's personal narrative.
In his hypothetical question Mr.. Del
mas accused Stanford White of having
'.drugged" the Nesbit girl and OF having
attempted to renew communication or
relations" with her subsequent to her
marriage Mr. Jerome objected to these
features of question and it was amehaea'
10 embrace the evidence OF record as
to the disputed points. 1t was on me
amended question that DIR. wagner gave
1t as his opinion that Harry NAV o.u
not know. because of A defective reason,
mat his act in killing Stanford White
was wrong.
Cross-Examnation Later.
Here the experts direct examination
was ended and he stepped aside for cross
examination later. When he is taken in
hand by Mr.. Jerome he will have TO
rive detailed reasons for his opinion.
Dr Evans of the New Jersey State
uospital for the Insane will be the first
witness for the defense tomorrow.
new rule by Justice Fitzgerald, barring
from the court room all who We're not
engaged in newspaper work, went INTO
effect today. Many of those who, be
daclsed in CAV costumes had occupied
front seats heretofore were on manu-
bright and eaely this morning, but To
no avail The court officers hau uiect
nrdare this time and obeyed them I'M
nlicitly AS a result, there were empty
benches in the court room all uaS.
That the defense would proceed VIZ. VIZ.
tbe struggle to have Harry Thaws VIII
accented in evidence as testimony TO ms
,3nso,lndness of mind, was Indicated py
Mr. Delnas who asked that D. ID. Lyon
he called as the first witness OF the uas
Mr. Lyon was sworn and stateu thd' ne
had lived in Pittsburg all ms lile anu
had been engaged in the banking pusi-
ness for more than a quarter Oh d cSh7
fury. lie is now connected Win '"e
ion National bank
won are acquainted with the defend
ant Harry * Thaw?" asked Mr.. Del
mas. Here Mr.. Jerome objected lie pio-
tested against the defense proceeuHis
with a new witness while the eNalhiila-
1ion of Mrs Evelyn rhaw remains uheoih-
pleted. 49, 7ot.,,s.
shonld offer some explanation of its puf-
pose i'm interrupting the testimony ol
Mrs Thaw to introduce MI Lyon as
Il witness. -.
Mr.. Delrnas stated that when court
adjourned last Friday the VIII Oh the
attendant was under discussion ana haa
haan ruled ont because of the insufficient
az or the proof of the document. IL
was now proposed. he said, to proceed
with the further Identification OF the
will. H.,
Mr.. Delmas stated that he considered
that enough evidence had been intro
duced in the shape oil the s''ii l,.'i,.s
of an expert and of laymen VINO We're
witnesses to the occurrence. to estah-
1s, q pfinla facie ease of unsoundness
of mind All he was attempting 10 40
he said, was to interrupt Mrs nav
testimony for the purpose OF better sal
isfyine the district attorney OF the de-
PENDANTS unsoundness of mind at that
time.
Identify Package,
Mr. Delmas asked that Mr.. Lyon be
allowed merely to identify an envelope
and the package (the Wild it contained.
r-hen he declared if the district attorney
objected further he would defer Tor the
time being the offer of the Will IN EVIL
dence. -
Mr.. Jerome, in argument. went TO the
discussion of the rules of evidence when
,,rovented him from controverting the
truth of Mrs Thaws testimony as to ire
story she told her husband Judiclally'
MIR. Jerome said. the court could not say
MS to whether or not the story MIS-
'rhaw told her husband had an effect on
his mind =,
ment by the district attorney, inter
r,ipted Mr. Dehnas lie is addressing
himself to facts not in evidence.
Justice FITZGERALD stated that all tie
statements by Mrs. Thaw are on the
record practically by consent hut now
the Judgment OF the court was INVOKED.
,rhe objection 10 the introduction OF the
documents ON Friday was technical ono,
hui II was sound. There was witness
an the stand when the court adjourned
whose testimony has not been finished.
III seems to me-" said the court, That
either that witness should be finished
with or consent should be given 10 pro-
coed with this witness.
Mr. Jerome after short whisper with
Mr. Delmas. Withdrew his objection and
Mr. Lyon was permitted to give his testi-
monY.
How long have YOU known Harry h
Thaw?' 's,ied Mr. Delmas.
Ever since he was a boy replied Mr.
Lyon
al hand you an envelope and ASK you
II YOU ever saw it before?''
Il have seen this before said the Wit
ness cit was in my possession
"When did II come into your posses
sion?"
sometime near April |, 1906. can't
state the exact date
"Was the envelope scaled ana ala II
apparently contain packaGe?'
ut was sealed and apparently contained
package
"How did you receive the PACKAGE
Got II From Thaw
"From the hands of Harry X. Thaw."
Mr. Lyon said lac was familiar with
the defendants handwriting and it was
his handwriting ON the envelope.
.,What did you do with the envelopeF
'.Placed it in my box in the safety de-