Evening journal., 1908-01-28
DECLARES THAW
WAS RATIONAL
Testimony Of Witness Who
Saw the Shooting Of
Stanford White
BY THE JoURNALs Special wire.

BY THE JOURNALS Special Wire.
NEW YORK. Jan. 2s.--when court open
ed IN the rhaw trial to-day both Jerome
and his assistants were prepared to hurry
through their rebuttal evidence. While
none OF It had been forecasted and will
not be until several witnesses are sworn,
IL Is a fact that Jerome is well pleased.
Counsel are sun trying 10 arrange an
agreement which will do away with the
necessity OF a court session at Blackwell
Island Penltenuary. to take Abe Hum.
mers testimony. Jerome has offered to
consent to the admission OF the so-called
Harry X Thaw will n Littleton will con-
sent to the admission of other evidence.
There Is no likelihood OF Thaw going
free Prior to the nrst trial Jerome was
Il was said. willing to have a commits
sion declare Whites slayer insane ana
send him to a hospital. But this was OPP
posed by Thaw and his family who be-
lieved plea OF ohivalrous conduct would
Influence New York Jury and secure
Thaw's absolute freedom That was tried
and failed.
Llttleton. one Of the cleverest OF Grim
inal lawyers. when called In. realizing
there was grave danger OF conviction Of
murder in the first degree. set out TO
prove Thaw's insanity He has done so
apparently to tho satisfaction OF himself
and possibly also OF the prosecution.
He was forced to 90 further, however
than he anticipated, with the result that
two Of his own experts have sworn that
Thaw's mental ailment was manic-depres-
sive insanity. And to Justice Dowlins
these two men, Doctors Wagner and Jei-
ine. recognized as authorities on menta
cloudlness. admitted tho disease was prac'
ticRlly incurable.
The Significance Of this Is very great
when the autocratc power OF a suprem'
Court Justice Is considered. Should thil
jury acquit even without giving tho rea
son Of insanity. Dowllng can at once ap
point a commission to investigate Thawl
present mental condition. And evidence
OF these two men will be very hard e
combat should anyone try to prove Thav
sane at present
The Thaw jury can return any Of thl
following verdicts; First degree murder
penalty. death in the electric chair. sec
ond degree murder penalty. life impris
atty. 20 years in State prison; any mino
degree Of granddaughter down TO simpl
assault
Not guilty grounds-Insanlty, this vel
dict places the responsibility Of commit
a ting the accused to an insane asylum as
4 Stunning the jurisdiction Of the presidn
: judge
The defense rested last night after it
most unsatisfactory day since the trIa
% began. Mr.. Jerome accomplished the mos
a powerful rebuttal Of the testimony o
/ the experts to Thaw's mental incapacit
!, by turning against them their own word
. at the former trial. and I'm the case o
Q Dr. Wagner played the trump card OF IN
prosecution, which opens its rebuttal to
@ day.
( jerome May Call No Alienists.
v with the end so nearly in view tha
d Thursday or Friday at latest must So
y the fate OF the defendant In the hands q
t the jury no expert for the prosecutio
h has thus far been seen in the court room
% Whether Mr. Jerome means 70 preser
e (Continued on Second Page)