The Birmingham age-herald., 1907-02-19

Dr. Evans was corroborated as to most of Thaw's statements by pr. Charles G. Wagner of Binghampton, who first fig ured as a witness early last week.
 Late in the afternoon District Attorney Jerome cross-examned pr. Evans briefly, the one point of his opinion that Thaw was Of unsound mind at the time of eX- ecutng his will. The prosecutor and wit ness flashed fire at the first contact, and there was every indication that when MT. Jerome undertook Dr. Evans cross examination in general the proceedings would be as lively and interesting as any ever heard in q local court room. Dr. Evans met the preliminary attacks bold ly and seemed as ready with his wit as the district attorney.
 Trial Is Resumed.
 After an interruption of four days the trial of Harry K. Thaw was resumed to- day. Juror Joseph B. Bolton, the death of whose wife on Thursday morning last caused the postponement of the case, and the release of the jury from. close eon- ffnement was early at the criminal courts building this morning. declaring he felt perfectly able to go ahead with the trial.
 During the period of the long adjourn ment there had been many rumors of n conflict among the defendants counsel, but at the opening of court today all of the six attorneys who have represented Thaw during the proceedings were at his counsel table. consulting together as usual. Even Mr. McPilIe, who had not been included in Mrs. William Thaw's of ficial list of attorneys as given out Sat urday, was in his accustomed place at the prisoners right.
 MT McPke is partner of MT. Delmas.
 pr. Evans on the Stand.
 Dr. Brtton D. Evans, superintendent of the New Jersey State Hospital for the m stand last Thursday when the trial was adjourned, and was recalled today as the first witness.
 AGr. Delmas took up the direct examna- ton of the witness. thus resuming his po- sition as leading counsel.
 pr. Evans was asked to relate the con- versation he had with Thaw during his first three visits to the defendant in the Tombs.
 The witness has heretofore testified that as the result of these first three visits he had reached the conclusion that Thaw was of unsound mind.
 District Attorney Jerome submitted to the court the contention that the witness should produce any notes he may have taken at the time of the interviews.
 That is matter for general cross- examination" ruled Justice Fitzgerald.
 Although am not compelled to do so,'' said Mr. Demas, q will examine the witness on the points so dS to SdllSly lue learned district attorney
 Notes Taken.
 Dr. Evans said he did take some notes of one visit, but they were meagre. and had been lost after he had turned them over to his stenographer He took his as- sistant, Dr. C. c. Belling, along to take notes of the third visit but Thaw dis missed the physicians and counsel on that occasion.
 "rhat ended the note taking said the witness. "I may omit essential details, but l will have 10 depend entirely on my memory"
 Here MT Jerome objected.
 "This witness" he declared, says he may omit essential facts"
 What can he do?' replied Justice Fritzgerald. Out give his best memory. That Is all that is required by the rules of evidence"
 Evans began to relate the incident of his first visit to Thaw on August last
 First Visit.
 'I took letter of introduction to Mr. Thaw from MT. Hartridge, and was fin- ally conducted to his cell. He gave me his hand and looked at me with a star Ing and twitching of the eyes. With nervousness such as we seldom see and in an agitated manner, he asked me to have a seat beside him on his cot. He looked at me d long time and then said: {" You have different eyes from Dr. Hamilton. Your eyes look as if you were a sane man. His eyes suggested insan- ity.'
 'I asked him how he was, saying I had been sent by Mir Hartridge to talk matters over. He said it was all right if I came from Hartridge and in response to my question as to how he felt, he said, oh, I'm all right
 '''The words were nerVously uttered and were piled together Then he continued; Lew Delaneld, a lawyer, and the firm of Black, Olcott, Gruber x Bonynge, are in a conspiracy with Jerome so as to close thls matter up and railroad me off to an asylum. They want to have me declared insane IL is all rot There's nothing to it. They don't want me to come to trial, where I may be vindicated and where l ran tell the court and the jury all there is in this matter
 pr. Evans said the arrival of the pris- oner's wife and mother interrupted the interview He offered to withdraw, but Thaw told him to remain and after KISS ing his wife and mother and introducing the physician. asked them to excuse him until he had finished with his caller
 Thaw Talks of White.
 "He then told me-" continued Dr.
  length spoke of the alleged wrongs the man had done To innocent and pure minded girls
 He never referred to himself and did not seem to feel in any danger from his position as a prisoner charged with mur- der. He declared that White had drugged poisoned and ruined q great number ol young women, who had not been inclined to crme-women whose minds as well as hodies had been pure. He declared II to he the scheme of his own lawyers and everybody else to have all these matters shut away from the public.
 pr. Evans next visit was on August 9l last Thaw came into the eNamln- ation room of the Tombs with large paste-board box in his arms. It was aIled with papers. He was nervous and aeitated and looked at both myself and Dr Wagner with the peculiar stare lie had an air of self-importance as If he was telling us what to do instead or un- dergoing an examination himself. He said he felt all right, and slept very well, He then proceeded to tell us the same story of persecution he had related to me on the occasion of my first visit
 "This Creature"
 "He referred constantly to this man. tbis creature, the beast. the blackguard and said the man mad sought to take the virtue of every pure-minded woman who came within the sphere of his obserYa- Liop.
 '''G tried to save them Mir. Thaw said 10 Us. and added I did all in my power l never wanted to shoot the creature never wanted to kill him. l knew he was a foul creature. destroying all the moth CTS and daughters in America, but