The Montgomery advertiser., 1907-03-07

New York. March e.---sBatr1ng 6 Nei- son, the pugilist, was the center of at- traction in the court room where Harry K. Thaw Is on trial for his life, today, occupying the entire attention Of the spectators up to the time the defendant was called to the bar. and Justice Fltz- gerald had taken his place on the bench. Nelson was accompanied py ms manager, William Nolan, and they oc- cupied seats just behind the prisoner. . In anticipation of continuance or the expert testimony there were many empty seats in the court room today.
 Thaw again came to the court laden down with letters which continue 70 < come to him from all quarters Of the globe. Most of the letters are in praise of the defendant, and he mani festly takes great satisfaction in read ing them.
 Dr. Charles c. Wagner, of Bing- hampton. who has been under cross ex- animation since Monday afternoon, was again called to the. stand and District Attorney Jerome began to ply him with questions regarding Thaw's will and codicil.
 pr. Wagner said that he beliveed that when Thaw wrote the section of his will providing for a fund for the prosecution of any one who might take his life, his mind was clouded and nc did not have as clear an idea or sucn matters as man who was wholly sane, but enough to be able to appreciate that the taking of human life was a crime. X.
 Doctor, when this defendant stood up to be married on the same day that the will was signed, did he know what he was doing?" asked Mir. Jerome.
 T don't think his mind was entirely ' clear"
 sswas 1t clear enoughfor him to unl derstand he was getting married?"
 Knew He Was Married.
 Yes, he understood 1t.
 After questioning pr. Wagner at some length regarding the letter writ ten by Thaw in 1903 to Attorney Long fellow. MT. Jerome suddenly asked:
 Was there any period, doctor. be- tween 1903 and 1905 when this defend- ant was in full possession of his facui- tfes?'
 pr. Wagner hesitated a moment and then replied:
 "There are several months in that pe- riod of which I have no record. It is possible that there may have been re- covery during that time. and condi- tion of soundness"
 Mir. Jerome took up number of works by various authors of pschiatry and asked Dr. Wagner's opinion of the works and writer's For half an houi this line of questionig was kept up. Dr. Wagner acknowledging that most of the authors noted were learned men. Following this MT. Jerome returned to Thaw's letter. In explaining that a man might be insane and still have a working knowledge of many matters, Dr. Wagner said that in the institution /, in which he is superintendent he has a patient although the most insane man he has ever seen, is a good shoe maker. l. One of this mans delusions. which af- feet him three or four times day, is that people who are hundreds of miles away are eating something that causes him nausea.
 A tall man with gray hair and small gry mustach ecreated something of q stir in the court room by suddenly slip ping into one of the vacant chairs at Thaw's counsel table and engaging the defendant in earnest conversation. A court officer moved toward the table, but Attorney OReilly interposed him. self between the prisoner and the new conner, who arose, shook Thaw's hand cordially and left the court. It was explained later that the man was from Pitsburg and had been close friend of Thaw's father. The defendant would not divulge the name.
 After finishing with his questions based on Thaw's letters, MT Jerome asked Dr. Wagner:
 DO you know a disease known as cir cular insanity7"
 Yes" replied the witness.
 'Ts reasoning in circle a sign o circular insanity?''
 T don't know what you mean by reasoning in a circle.''
 Reasoning in Circle.
 "The kind of reasoning you have been doing"
 MT. Delmas objected at once anC asked that the remarks be stricker out, accusing the District Attorney o making an inference that the witness was victim of circular insanity.
 MT. Jerome settled the matter by withdrawing the remark.
 The prosecutor next took up tn, events on the Madison Square Roo Garden the night Thaw shot and killed Stanford White. He asked the witnes, if the separate acts of the defendant that night indicated insanity.
 Taken in connection with all tha has been established here," said Dr Wagner, they indicate to me that tn, defendant was insane. He may hay, had automatic knowledge as to firing the pistol and he may have had sufn cient intelligence to know he wa! causing annoyance by blocking tn, way to the elevator after the tragedy Tut these facts do not show he wa. sane"
 Mir. Jerome next asked Dr. Wagner
 Would your opinion as to the de fendant's condition be influenced if yol