Evening journal., 1907-02-11
EVELYN TOLD THAW
OF WHITES PRESENCE
IN THE ROOF GARDEN

for examination. Tell us what your
were then"
"on September 10, went to the
Tombs prison with other alienists. We
went to make a thorough examination |
Of his condition"
II was admitted to the Tombs. Mr.. |
Thaw came into the room where we
were and we stated the object Of our
visit. After we had been in the room
fve minutes. Mr.. Thaw turned on his
heel and left the room abruptly, al
though it was well understood we were
there in his interest.
Ibid you observe what caused him
to leave the room?"
ayes. sir.
DR.. Wagner was warned not to 90
into conversation as TO what occurred
and said it was impossible to describe
what happened under these limitations
Jerome held the witness under his
thumb and under a ruling Of the court
that no conversation held at that time
was admissible. refused TO allow the
witness the slightest leeway.
The defense We're stumped and on
being told to proceed under the courts
instruction. the witness said;
: Then I can only say Mr.. Thaw left
the roo mabruptly and shortly after
ward / took my departure
Delnas Gets Angry.
The attorneys wrangled over half an
hour over the admission OF DR.. wag-
ner's testimony in the form in which
he wished to give It, and finally. in
desperation. Attorney Delmas launched
] .fa41 not ion ~ l1ra "a T.
4 titude OF the defense and the object IN
pursuing the line OF questioning to
which the State objected.
He declared that upon a protest Of
the district attorney the defense had
not laid a base for the insanity plea
The attorneys for Thaw had voluntar-
/ ny waived what they believe to be
/ their right and had at the request Of
the state and with the idea of avoid
ing wrangles. withdrawn their witness
Mrs. Evelyn Nesbit Thaw, IN order to
Hay a base OF expert testimony on
which to base the corroborative tesu-
mony tending to show Thaw's insanity.
In spite Of this courtesy on the part OF
the defense. Delmas insisted. Jerome
was deliberately quibbling and split
ting hairs and consequently delaying
the proceedings unnecessarily.
Any aversion Thaw may ever have
I had to the insanity plea has passed.
and he is no longer interested by the
wrangle over the admission Of testi-
mony tending to show that he is IN
sane mind. To-day's proceedings were
the dullest OF the trial to date. ana
late this afternoon Thaw was obvious
ly bored by the tiresome nature of the
proceedings. He slipped far down in
his chair and yawned frequently, smil-
ling broadly when Attorney Dan
lO'Reilly cautioned him once in the
midst Of a soul ul-satisfying yawn.
Il observed Mr.. Thaw as he came
into the room." said the witness. Il
observed him in conversation, and
observed him leave the roo mabrupt-
lily. That is all can say.
j The next visit DR.. Wagner made, he
said. was September p, 1906.
with Dr. Evans he saw Thaw that
day
state the examination you made
.The examination consisted Of ques-
ltions I asked him and answers he
made.
These conversations were not allowed
Ito be repeated. however. although the
\ witness said these questions were nee
: essary to determine the mental condl'
tion Of the defendant.
Finally Delmas again asked: DOC
tor tell all you observed that tends to
throw light on the condition OF the de-
fendant at that time"
II observed that Mr.. Thaw noticed
things very closely. He watched both
Of us intently.
The witness declared that he haa
made further examination on Septem-
ter 2s This was more thorough. He
took Thaw's pulse and studied him
carefully for over an hour. Two days
later another examination. lasting over
an hour. took place. On October was
the final examination. This examina-
ton lasted an hour and a half.
WAS the examination you made
sufficient to enable you to form opin-
ion as to his mental condition.
81 did form an opinion"
"And was your examination suffi-
Client to enable you to form an opinion
scientifically as to his mental condi-
ton on June 25?
''Yes. sir" answered the witness.
jerome questioned the expert few
minutes. drawing from him an admis-
sion that he could not have formed an
opinion of Thaws sanity on June p
from his examination. except for the
conversation he had with Thaw during
his various visits.
(Contiued on Second Page)