Los Angeles herald., 1907-03-05
EVANS PROVES
A MATCH FOR
Mr.. JEROME
Witness Protects the
Defendant
Exhaustive cross-Exanlnatlon Ends
and Or. Wagner Is Called
to the Stand to
Testify
Nv Aesociated Press.


NEW YORK, March A long stride
was taken today when District Attorney
Jerome announced that his exhaustive
cross-examination of DR.. Britton D.
Evans, one Of the alienists for the de-
fense, had been concluded.
DIR. Evans had been under fire since
"Wednesday morning last. He was inn
mediately succeeded on the stand by
DR.. Charles G. Wagner Of Binghamton,
N. Y, who accompaied DR.. Evans on
most of his visits to Thaw in the
Tombs. Mr.. Jerome indicated that he
may conclude with DR.. Wagner to-
morrow.
Mrs. William Thaw is expected to be
the next witness. With Mrs. Thaw's
Testimony in, the defense will practically
have closed its 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 re-
mains quite as much a mystery as ever
He complained today, in seeking a
broad Interpretation of the rules of evil
dence by Justice Fitzgerald, that If he
should call any of the defenses alien
lists in rebuttal they might refuse, on
the ground of professional privilege, TO
answer any questions put to them.
Plans Not Outlined
1t is not yet exactly clear to the lay
mind to what extent the district attor-
ney can go in disproving Mrs. Evelyn
Thaw,s testimony.
F4 a q fod haf he ,nY,15
show Stanford White was out of the
country at the time of the alleged ex-
perience with Evelyn Nesbit in the
Twenty-fourth street studio he would
not be allowed to disprove on the ground
that 1t would be a collateral act.
1t appears, however that the prose-
cutor can call anyone to contradict Mrs
Thaw in cases where she said she made
certain statements to a third party
In this connection Mr. Jerome has in
dicated 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.
DR.. Evans left the witness stand to-
day subject to recall for redirect exam
ination. The witness protected the in
terests of the defense quite keenly
throughout his cross-examination, and
at all times appeared match for Tie
district attorney. Dr. Evans today,
however, admitted that Thaw had an
insane knowledge of what he was doing
on Madison Squore roof garden the
night he shot and killed Stanford White,
Says Senses Returned
In explaining Thaws actions subse-
quent to the shooting, Dr. Evans de-
clared that as soon as the defendant
shot White the brain storm subsided
and his senses began to reorganize
themselves, so that the man knew quite
well what he was about
He also knew he was attacking Stan
ford White when he shot, DR.. Evans
admitted, but the knowledge was that
of an insane man and the result was of
insane reason.
DR.. Wagner also declared that Thaw
had irrational knowledge of what was
transpiring on the roof garden. Dr.
Wagner created stir in court by using
the present tense in responding to a
question by District Attorney Jerome
as to what form of insanity Thaw has
or had" DR.. Wagner declared Thaw
sis suffering" from symptoms which
lead toward melancholy state, and a
state of dementia praecox. DR.. Wagner
declared Thaws condition of mind at
the time of the shooting was the result
of one of the insanities of adolescence.
The district attorney continued his
somewhat puzzling tactics. His ques-
tioning of DR.. Evans seemed to have the
purpose of showing that Thaw never
was insane to the extent contemplated
by the New York criminal statutes.
Again he seemed desirous of having
DIR. Wagner admit Thaw was suffering
from forms of insanity which might not
be durable.
DR.. Wagner was on the stand when
court adjourned.