The evening star and Newark advertiser., 1908-01-24
Court Adjourns for Euro
pean Physicians Who
Are on Adriatic.
WILL RESUME ON MONDAY
Millionaire Slayer's Strange Ac.
tiOns and His Mental and
Physical Condition When
iii in Europe to Be
Detailed.

NEW YORK, Jan. 24.--Because OF the
non-arrivaI of witnesses, who are on
the Adriatic, the trial of Harry Kendall
Thaw for the murder of Stanford White
before Supreme Court Justice Victor j.
Bowling was tIlis morning adjourned
until Monday.
+ These physicians will detail the ac-
tions and mental and physical condi-
ton of Harry Thaw at various times
when he was i'll in Europe.
These witnesses are expected to add
to the mass of testimony which the
defense has introduced in it's attempt
. TO prove that Thaw was for years ir-
rational, and by which they hope to
show that when Thaw fired the shots
which caused the death of Stanford
/ White that he was mentally unsound
and therefore not guilty of murder un-
der the statute which excuses the acts
5of those who, because of their mental
condition, do not appreciate "the nature
or quality of the act or that the act Is
wrong"
Two aliernsts have already given
their direct testimony for the defense,
and, under the ruling of the court,
based on an agreemnt between the at
torneys, only one more can be called.
The Hypothetical question, based on
all OF the evidence of the trial. will be
put to tn ese witnesses, and then the
prosecution will have an opportunity
for DISCRIMINATION. How long this
will take is not known.
Nf,- Titflafn11 in hic for 10.
journment today, said he believed the
delay would readily result in expediting
the caee. as he would employ the In
tervening time in preparing the l1ypo-
thetical question for the experts, and
submitting q deaft of it to District At
torney Jerome for any suggestions or
objections he may have to offer.
There was a lively tilt between coun-
sci Just before the adjournment was
announced. District Attorney Jerome
said he would not oppose the motion for
adjournment provided Mr.. Littleton
would furnish him the names of the
witnesses who are arriving on the Adri-
attic.
Mr. Littleton objected, but Justice
Dowling said the district attorneys re-
quest was a reasonable one. Mr.. Lit
tleton said it has been his experience
that "whenever the district attorney
knew of the arrival of any witnesses
for the defense he has had people meet
them with subpoenas and has sub
jected them to a long examination.
do not intend he added, that he
shall know my case before it Is pre-
scented here in court"
ssWhat l want is to find out whether
these people you are bringing here are
shysters, charIatans or men of charac-
ter and standing" shouted Mr.. jerome.
ss 81 will give you their names after
they have landed, and their addresses
as we'll" Mr.. Littleton said. ''Is the
district attorney willing to give me the
names of tho witnesses he will call in
rebuttal?"
1.-THE district attorney is not required
ito do that" interposed Justice Dowl-
ling
"Then don't think I ought to be
forced to tell him the names of my wit
nesses."
.'oh, very we'll. then" put in Mr..
Jerome, 'lf you don't want TO do it, all
right"
Justice Bowling put an end to the
controversy by granting the adjourn
ment.
Mr.. Ltteton said the defense un-
doubtedy would conclude its case on
Monday and District Attorney jerome
announced that the people were ready
10 proceed in rebuttal at any time.
Last year one of the defense's alien
lists, Dr. Brltton D. Evans, superin-
tendent of the New Jersey state Hos
pital for the Insane, at Morris Plains.