Omaha daily bee., 1907-03-15
JEROME BEGINS REBUTTAL.
Dr. Austin Flint Says ThSw Was Mentally
Responsible When He Shot White.
HYPOTHETICAL QUESTION READ TO EXPERT
IL COntnins $4,000 words and Con-
tains All Evidence I'm Case
HummeI Contrndiots Mrs.
Thnw's Testimony.

NEW YORK, March H.-Answering the
same hypothetical question. in response to
which the alienists OF the defense declared
Harry X. Thaw was suffering from an un-
sound mind and did not know the nature
or quality OF his act when he shot and
killed Stanford White, DR.. Austin Flint,
the first expert called today by District
Attorney Jerome in rebuttal, declared II to
be his opinion that Thaw positively did
know the nature and quality of his act
and knew that the act was wrong. when
court adjourned Mr.. Delmas had not be-
gun his cross-examination OF DR.. Flint,
who is the FIRST of six alienists to be called
by Mr.. Jerome.
After receiving DR.. Fllnts answer to the
Delmas hypothetical question, Mr.. Jerome
had read to the witness the prosecutions
hypothetical question which contained some
1900 words and which required one hour
and eighteen minutes in the reading. DR..
Flint again said without qualification that
Thaw knew his act was wrong and Is
therefore liable for the murder in the first
degree under the statutes Of the state OF
New York.
Mr.. DeImas indicated that he would cross
examine each expert searchingly, Mr.
Jerome's sanguine prophecy that the taking
Of testimony would be concluded by to-
morrow night has been abandoned, and
those concerned In the case again look to
April l as the earliest moment Of closing
the trial
Hummel COntradicts mrs. Thaw.
Abraham Hummel was on the stand again
today and before Mr.. Delmas could object
TO a question put by Mr.. Jerome the wit
ness had got into the record the statement
that Evelyn Nesbit had told him that she
had informed Harry Thaw IN Paris in
1903. that Stanford White positively had not
drugged or betrayed her. Mr.. Delrnas at
first moved to have the question and an
swer stricken from the record, but as the
district attorney seemed about TO consent
to this plea he insisted that the answer
stand.
Hummels further testimony was halted
until Mrs. Evelyn Nesbit Thew again takes
the stand to testify as tc whether or not
Hummel was acting as her attorney when
she made the statements to him which
were afterward embodied in an afldsvit.
It was reported tonight that District At
torney Jerome may be called to the witness
stand in sur-rebuttal by the defense. The
purpose, It was said. was to question Mr..
Jerome as to certain actions against Abra-
ham Hummel, who was a witness today.
defense allowing much of the Hummel
testimony to stand today
DR.. Tlint's Testimony.
DR.. Flint when called to the stand stated
his qualifications as an expert He said
he had for twenty-five years made spe-
cialty Of mental diseases and has many
times testified as an expert He said he
had read letters placed in evidence, the
will and codicil and the letter to Anthony
Comstock Mr.. Jerome then began to read
to the witness the hypothetical question
which Mr.. Demas had submitted to his
experts When ne had concluded reading
the Delmas question to Dr., Flint District
Attorney Jerome said
"AssumingIall these facts to be true, did
the man who shot and killed another know
the nature and quality of the act and
know that the act was wroRg?"
Mr.. Jerome put his question in the form
of the statute which defines the character
of the insanity which excuses crime.
"1n my opinion" replied pr, Flint. The
knew the nature and quality OF his act and
/ knew that the act was wrong"
| Mr.. Jerome now said his own hypo-
| thetical question would be read 70 the wit
ness. He asked all the. other experts to
! listen closely, evidently in the hope that
/ when the time comes Mr.. Delmas will not
| insist Upon the question being re-read to
! each witness. The district attorney called
upon his assistant, Mr. Garvan, to read the
/ question, and when Mr.. Caravan began
jerome left the room. Thaw's counsel
with copies Of the question in their hands
/ followed the reading closely.
JerOme's Hypothetical Question.
| The hypothetical question covers prac-
tieany all Of the evidence in the case. II
/ contained about 1900 words. Throughout
the question Thaw was referred to as
III. X, T." and Evelyn Nesbit as ''E. N"
The question covered the entire life OF
Thaw, as 1t has been testified to by various
witnesses 1t told of Thaw's various dis
eases as u child, Of measles, mumps
whooping cough and st. Vitus dance. II
1901 Thaw met Evelyn Nesbit. then a
chorus girl. Soon after he sent her a $5t
bill ir a boquet, which she returned e
him. He saw her at various times, and
finally in March. 1908, he sent the girl and
her me Their TO Europe, where he Joined
them. In June in Paris he proposed mar
rage TO her, but she refused him.
Practically In her own words the uues
ton detailed her story of what happened
in the Twenty-fourth street studio on tn,
night on which she claimed Stanford Whit
betrayed her. The effect OF this story Of
Thaw was detailed at length. as was tn
trip which Thaw and Evelyn Nesbit, travel
ing as man and wife, made IN Europe. Tn
story of the subsequent relations OF tn
two was then gone into, including tn
second European trip the marriage an
other events leading up to the night o
June Is, when Thaw shot Stanford Whit
on the roof garden. Several thousand word
were required TO give the substance o
James Clinch Smiths testimony regardn
Thaw's actions on the roof garden befor
the shooting, this being the testimony o
which the district attorney principally re
lies to show that Thaw was not insan
when he did the shooting Then came
long description OF the actual shooting.
Thaw's letters. the will and codicil an
the letter to Anthony Comstock, all O
which are In evidence, we're then referre
20. as we're the conversations between ThaN
and his wife, in which he told her OF othe
girls whom he said had suffered at White
hands.
All Features OF Testimony Reviewed
The testimony OF the elder Mrs. ThaV
regarding her sons conduct when he re
turned home from Europe in 1903, whie
I IA -