Waterbury evening Democrat., 1907-02-27
And so He Called Evelyn Nesbit Thaw as First Witness in
 To-Day's Trial
BROTHER A WITNESS
VIII Be Called Before the Trial is Finished--Mrs Thaw Denied Point Blank a Number oi Leading
 Questions Put 10 Her.

New York, Feb 27.-Five minutes before court opened for the Thaw trial to-day Evelyn Nesbit Thaw en- tered the court room, accompanied by MT Delmas and took seat at the end of the table occupied by the de fendant,s counsel, next to the chair occupied by her. husband. While waiting for the trial to go on, she chatted with Dr Hammond, one of the defense's alienists and with Mrs J. J Caine, who occupied seat close to her,
 Immediately after court convened Lawyer Dan O'Reilly led Mrs Thaw and Mrs Caine from the room.
 NIT Jerome then said he had over looked one point in his cross examin- ation of Mrs Thaw and asked that she he recalled for few questions. stat ing that it was not merely matter affecting the credility of the witness but a matter which he might wish to attempt to cOntrovert on rebuttal and he wished to lay foundation for such action by calling her atten- ion to the matter. Mrs Thaw was therefore recalled.
 By his first question MT Jerome in- dicated that he intends to call How ard Nesbit to the witness stand to contradict his sister. The district at torney Is allowed to contradict tra- yersible or material facts but cannot controyert collateral facts.
 "Did you see your brother at Ma rion. Mass, after your return from Europe in 19O3?" asked the district attorney.
 .'I did not" replied Mrs Thaw.
 '.Where did you see him."
 Tn New York"
 "Did you not tell him in substance that while you were abroad you had been brutally abused by Thaw. who had tried to induce you to, tell Hes against slr White to the effect that Mir White had drugged and. seduced you: which statements you then and there told your brother were false?'
 '.I did not"
 "Didn't you tell your brother that Thaw. at a pistols point had com pelled you to make statements against White?'
 And that the statements were lies:"
 .I did not"
 "Did he not ask you if you feared violence and you said you did and he said you should arm yourself for pro tection?"
 II remember no such conversa- tion."
 "Dldn't he buy you revolver?"
 "IIe did not"
 "Didn't you give him money to buy you revolvery'
 'I did not"
 That's all," said Mir Jerome. Mrs Thaw left the room.
 Dr Charles r. Bingaman of Phts- burg. the Tbaw family physician, fol- lowed Mrs Thaw on the stand. Un- der the guidance of Mir Delmas he told of seeing Thaw on November 16, 1903. at which time he was very ner vo,is and melancholy. He was sleep ing and eating very little and seemed very much changed from his former condition. He had known Thaw from childhood and he was formerly of q buoyant nature.
 On August IT, 1908. he called on Thaw in the tomhs and again saw him on September II.
 He was not sleeping well and was nervous. He had delusions, among them that there was consplracias against him having as their object his railroading to an insane asylum, or his death.
 Mir Delras was about to lav a foundation for the questioning of Dr Bngaman as m expert but Mir Je- rome interrupted.
 Ut Is not necessary. Mir Delmas, I'd sooner have as to the defendants insanity. the opinion of a general practitioner who has known him for 3 years than the opinions of all the experts there are-with due respects to my own." and he smiled at Drs Flint, Macdonald and Mabon. who daily sit beside him.
 Dr Bingaman said he believed T'haw was irrational and laboring un- der delusions. He said newspapers had been woven into the cell bars to keen the draft out and Thaw told nlW ttt NEft utfUNfUk IuG wind to blow in on him so that he would contract pneumonia and die. and thus prevent his case coming to trial.
 Dr Bingaman felt Thaw's pulse and told him. when he asked about 1t. that the pulse was bit irregu- lar. Thaw replied that this was condition that had followed 'the act of providence"
 Jerome announces that he will call Dr Hamilton to the stand. who was first employed by the defense.
 During recess 1t was decided that Mrs Evelyn Nesbit Thaw will not be allowed in court during the trial hereafter.
 immediately after recess Dr Evans vas recalled to the stand
 stosy of Stanford White.