The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-02-13
|CAN HE SHAKE IT?
Mr.. Jerome Has a Serious Task
Before Him.
How to Weaken Evidence of
DR.. Evans.
CASE WILL DRAG ON.
Expected That Prosecution will
Use Much Rebuttal.
Two New Witnesses Appear at
Trial.
A HALF DAYS DELAY.
Wife of One Of the Jurors Taken
Sick.
Examination of DR.. Evans Is
Resumed.

New York Feb. 13.-The Thaw tria
} was resumed this afternoon, DIR. Evans
being recalled.
New York, Feb. 13.-The illness OF
the wife of one of the jurors in the
Thaw case today caused the abandon
ment of the usual morning session OF
the court. recess being ordered by
Justice Fitzgerald at 1O:4S until
p m.
Mrs. Joseph B. Bolton, the wife OF
juror No. IL, is said to be threatened
with pneumonia and some apprehen-
sion is felt lest her illness may serious
ly interfere with the trial. Mr.. Bolton
asked permission of Justice Fitzgerald
| by telephone early this morning to
visit his home in company with two
court officers and it was granted. He
lives far out in the Bronx. District
Attorney Jerome and Mr.. Delmas,
leading counsel for Harry K. Thaw.
were called into conference with JUS
tice Fitzgerald and few minutes later
the recess was announced.
Thaw remained in the prisoners pen
this morning where he had long chat
with his wife.
Mr.. Peabody, of counsel for the de-
fense, said this morning that it is the
purpose of the defense to have DR..
Evans take the stand this afternoon
for cross examination. He will be fol-
lowed by Mrs. Harry Thaw, who, in
view of the broader foundation" of
the prisoners insanity, laid by the ex-
perts, will be asked to conclude her
story. Mr. Jerome had objected to
fIo+ -Iof
she had to say was permissible only
competent testimony to have been of
unsound mind.
The continuance of the trial was
agreed upon after Mr.. Delmas had in
formed the court that he required
only about 20 minutes to complete the
direct examination of DR.. Evans, the
alienist who was on the stand yester-
day. This was done so that in the
event of the adjournment for day or
two the case may be reopened with
Mrs. Evelyn Nesbit Thaw on the stand.
New York, Feb. 13-When District
Attorney Jerome takes up the cross
examina ton of DR.. Britain d. Evans,
the alienist. in the Thaw case. he will
probably have considerable difficulty in
shaking it. DR.. Evans story of Harry
Thaw's mental condition told
on the stand yesterday was clear and
concise 1t will be a difficult story to
shake, il DR.. Evans ability as an alien
list IS anyway what would appear to be
from his direct examination. He de-
scribed Thaw's appearance and condi-
tions on the occasions of eight visits
he paid him in the Tombs prison and
explained in what manner these indi-
Gated an unsound mind.
Mr.. Jerome will need all of his re-
markable knowledge of insanity to
shake this story That he will attempt
to do so is evident from the notes he
took duzing the examination and the
fact that he had the prosecution's three
alienists, DR.. Carlos Macdonald, DR..
Austin Flint and DR.. William Mabon
beside him all day and frequently con-
versed with them, apparently consult
it has row laid the foundation for the
introduction of testimony which has
heretofore been excluded from the case.
Among the things which have been so
excluded is Thaw's will and the cOdicil
thereto, which is said 10 provide fund |
of $50,000 for the prosecution of his
murderer, should he die a violent death
and a fund of $4,000 for the care of
of young women, said to be |
named in the will. who Thaw is said to !
have believed were victims of Stanford |
White.
The defense counts largely on this
will to show the effect on Thaw's mind |
of the stories which were told him re-
garding the relations of White and
EVELYN Nesbit. 1t will also form a |
proper foundation for the testimony of
Evelyn Nesbit Thaw, who probably |
will be recalled today. regarding con-
versations with her husband, in which |
were mentioned the names of a num-
ber of other young girls who are said
TO have had similar relations with
White. The defense claims that these
preyed on Thaw's mind and con-
tributed largely to the mental condi
ton which induced him to shoot
White
Although Mr.. Delmas has an
in open court that it would
only take him a few days longer to
finish his direct case for the defense,
that does not mean that the case is
nearly over. 1t does not count the
time Mr.. Jerome will occupy in cross
examination. 1t is said that DR.. G. NJ.
Hammond and DIR. c. L. Dana, both
we'll known alienists, will take the
stand for the defense. This will mean
four experts for Mr.. Jerome to cross
examine. Evelyn Nesbit Thaw has
not finished her direct examination
and the cross examination will prob
ABLY take some time. Mrs. William
rhaw is to testify and so it is said is
Miss May E Mckenzie.
Two new witnesses for Thaw were
in attendance at the trial yesterday
They were J. J. Deering and c. J.
Bamberder. agents of the Society for
he Suppression of Vice, who are said
10 have Investigated the complaints |;
which Thaw made to the society.