The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1907-02-11
Insanity Expert Tells
Jury Thaw's Condition
MRS. THAW GIVES ADDITIONAL TESTIMONY
Dr. Charles Wagner Gives His Opinion Of Harry
u. Thaw's Mental Condition.


New York, Feb. 11.--After an inter-
esting but not sensational morning
session of less than two hours dura-
tion. it was agreed by counsel engaged
in the trial of Harry X. Thaw to-
day, that Mrs. Evelyn Nesbit Thaw,
wife Of the defendant, should definitely
step aside for the time being to per-
init of the introduction of competent
testimony, tending to show the alleged
unsound condition Of the prisoners
mind. This action was taken after re-
peated objections by District Attorney
Jerome to the further questioning Of
the witness as to the conversations be-
tween her and the defendant concern
ing Stanford White had been sustain
ed by the court, and Justice Fitzger-
aid had intimated that counsel should
follow the spirit of his rulings as laid
down in the specific instances. MI.
Jerome objected on the broad ground
that the testimony Of Mrs. Thaw had
gone far enough without better foun-
dation of insanity on the part of the
defendant being laid. Mr.. Delmas then
asked that~an early luncheon recess be
taken in order that he might prepare
the introduction of the evidence de-
sired by the district attorney and at
1920 the court granted his request.
One of the few bits.of testimony Mrs
Thaw was allowed to give was regard
ing the note she passed to her husband
at dinner in the Cafe Martin the night
Of the tragedy. Jerome agreed today
to produce the slip OF paper wnica has
been held by him. 1t was identified by
Mrs. Thaw and read by Mr.. Delnas as
follows:
The B was here minute ago
but went out again" "B" meant
"Blackguardp Mrs. Thaw said, and re-
ferred to Stanford White. Mrs. Thaw
was asked to detail the conversations
she and Thaw had in 1904 as to the
fate of the girl known as "the Pie
Girl" but she was not allowed TO do
so.
When this afternoon session began
Delmas proceeded at once with the i'm
PRODUCTION of medical testimony as to
Thaw's condition of mind, calling first
to the stand DR. Charles Wagner, ,.sli-
peiintendent of the state hospital fol.
the insane at Binghamton N Y. DR.
Wagner said when he first examined
Thaw in the Tombs the latter was sus-
picious and feared he would be de-
clared insane.
DIR. Wagner testified that he had two
interviews with Thaw at the Tombs,
but each time Thaw refused to sub
NIT to the examinations At a second
llynH nf -
Jerome objected to allowing DR.. Wag-
ner to tell what Thaw said Wagner
said he could only express his opinion
as to Thaw's condition by referring to
the conversations. A long argument
followed, during which Attorneys Jer-
ONE and Delmas quoted many author
tiles. Jerome Insisted that the testi-
mony of experts should be based on
Thaw's condition when his wife told
him the stories about White and at
the time of the shooting.
The opening of tho fourth
week of the Thaw trial to-
day brought new order of things in
the courtroom and all women other
than a half dozen active newspaper
writers who have followed the case
since the beginning, were barred by
the order of Justice Fitzgerald.
j. Dennison Lyon. the Pittsburg
banker was the first witness called
this morning,
District Attorney Jerome objected
to the substitution of the new witness
for Mrs. Thaw until her testimony is
finished and an argument ensued. but
finally he Withdrew his objection
Lyon testified that he had known
Harry since he was a boy He was
handed large heavy envelope which
he identified as one given him by Har-
ry Thaw and which was in his pos