The Montgomery advertiser., 1907-02-19

mothers and daughters of America. but I wanted through legal means to bring him to trial. wanted to get him Into court so he would be brought to jus tice. 2
 Providence Prompted Killing.
 'T then asked him why under such circumstances he had shot MT. White.T
 ..Providence took charge of it. he re- piled. This was an act of Providence. For my part I would rather have him suffer in court the humiiation ihe rev elation of his acts would nave caused !
 'Did he tell you what he had done. If anything. to bring Stanford White Into court 2, asked MT. Delmas.
 .sTIe said he had gone to see Anthony Cnmstock District Attorney Jerome and private detective agency. He said MT. Jerome had told him he had better let the matter drop. that there was nothing to 1t; the detectives told nm theS would take tn matter uo but they had not submitted proper re- ort.
 As to MT. Comstock." he said. he discovered that Delaney Nicoll, the att torney. was acting as a legal advisor. Constock. He regarded this as an- other link in the conspiracy against him.
 T asked him why he had carried a pistol, and he said Roger OMara. an independent detective of Pittsburg. mad advised him to do 50 after he had told O'Mara that on several oe- casions thugs had ostled him in, an attempt to get him into quarrel and street brawl.
 He said these thugs were the hired agents of Stanford White. He said White had hired the Monk Eastern gang to get him into a quarrel and then beat or kick him to death"
 The witness next went into de- scription Of his third visit to Thaw on September 19. He was accompa- nied by pr Wagner and Mir. Hart ridge Thaw came into. the room again carrying the pasteboard box full of papers MT. Hartridge had tried to induce him to give up the papers. Thaw said the papers had to he looked after at once. He then room. saying:
 Good day, doctor, am very sor- ry."
 T told him the papers had not any, thing to do with my examination. but he swept out of the room. and that ended the visit
 Explosive Mental Make mp.
 "As a result of that visit, did yni, draw any scientific deductions from MT. Thaw's action?"
 ''Yes; he displayed highly explo- aiye mental makeup in that without adequate cause he dismissed his coun- sel and physicians after he had agreed In advance that we should come there for the purpose indicated. He dis Eiayed defective reason in putting aside professional men whom he had heen assured were there through no unfriendiy part"
 MT. Delmas asked Dr. Evans if he had read the codicil to Harry Thaw's will. The witness said he had read it in part and had heard all Of 1t read.
 Did he mention to you the names that appear in tne codicil
 District Attorney Jerome objected to the question in this form and 1t was withdrawn.
 Did MT. Thaw say to you that he was not insane?"
 ''Yes. sir; he said I am not in- sane.'"
 suffering with unsound mind to pro- test that they are not insane "
 "It is very c0mmon-about ninety. five per cent of them do It.
 Dr. Evans sad Thaw declared that perhaps zoe or 300 persons might be found who would say he was Insane, but he did not think they could prove it.
 Relating to Thaw's act of self im- portance. Dr. Evans said:
 "He wanted me to understand that he was Harry Kendall Thaw, of Pitts burg: that he was the one and only Harry Kendall Thaw, and there were no brothers /"
 What conclusion did you reach as to Thaw's declaration that his act had been an act of Providence.'
 ~That 1t was an insane delusion."
 RemOrAe and Repentance.
 Are not repentance, remorse and fear of punishment the normal con- ditions of sane man after he had committed an act of homicide, and the absence of these clements an evidence of unsoundness of mind?'
 ''As a rule remorse and repentance are found in the sane mind. and iu my opinion of these feelings Is an indi- cation of mental unsoundness"
 This ended the direct examination of nr Evans. who was withdrawn to enable the defense to recall Dr. Charles c. Wagner superintendent of the State Hospital for the Insane at Binghampton. N. Y.
 Dr. Wagner had not been allowed when on the stand previously to re- late his conversations with Thaw. Under the rule that conversation at the time a person Is of unsound mind are admissible, Dr. Wagner was re- called of these.