Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-01-24
For Each Side In Thaw
Trial, Decides Judge.
Defence Now Busy Prepaiog
Hypothetical Question.
Expected That Next Week viii See
Close Of the Trlal.

New York. Jan. 23.-When an early
adjournment of the Thaw trial YVES
taken today to enable the attorneys
Of the defence to prepare their long
hypothetical question covering all tho
evidence in the case, there seemed no
more doubt that next week will bring
the second hearing to a close Justice
Bowling has decided to limit such sids
to three expert witnesses and two Of
the defence's trio were heard today oa
to the mental and physical examipa.
tons they made OF Harry Thaw In the
Tombs prison after his arrest for kill.
ing Stanford White. No experts FOR
the attae have yet appeared in the
court room and Mr.. jerome has rlot
indicated how he will combat the tes-
timony OF the alienfsts in the employ
Of the defence. All OF the doctors who
served Jerome at the first hearing are
under subpoena by the defence, not az
paid experts. but as possible witnesses
in sur-rebuttal Of any action the dis.
trict attorney may take in rebutfins
the plea of insanity which has been
built up.
Just as Mr.. Jerome turned :he
tables yesterday upon Mrs. William,
Thaw by reading to the jury the ati.
davit to the lunacy commission. which,
was testing her sons condition Of
mind year ago, the defence may
show a similar seeming reversal by
having the states alienists admit upon
the stand that they made affidavits z
year ago in which they expressed the
opinion that Harry Thaw was suffer.
ing from incurable paranoia and had
been a victim of that mental malady
for many years
Justice Bowling conferred with all tho
attorneys interested in the case before
announcing his decision to limit the
amount of expert testimony to be placed
before the jury. Last year the defence
offered six experts to answer the hypo.
thetical question, but these were over.
whelmed numerically, at least. by thosa
brought forward by the district attorney.
The effect Of Justice Dowiings decision
will be materially to shorten tho case.
The defence should conclude its evidence
tomorrow unless Mr.. Jerome carries his
cross-exarlinations beyond the limit o.
his present intention.
Dr Charles G. Wagner of Binghamton.
n. Y. and DR.. Britton D. Evans Of Nor.
ris Plains, N. j., both saiperintendents Of
state institutions for the insane. were OIL
the stand today. In detailing their rom
versations with Thaw in the TcInbs they
brought out more clearly two points
which were CLOSED over last year.
The first OF these was that Thaw tcld
them in 1900 or !90l he was q guest Of
Stanford White at q dinner party In tho
Madison Square Garden tower. He ieft
early and was accused q breaking UP
the party. Some Of the guests did not
eat much. Thaw declared, and the young
woman who sat next to him declared the
food was had.
Thaw also told the physicians about ths
first time he saw Evelyn Nesbit. It was
In 1901 in front Of q theatre.
"A pure looking girl he described her.
When he asked who she was he was told
her name was Nesbit and that 'she BE-
longs to Stanford White" Thaw man.
aged subsequently. to meet tho girl at
an after-theatre supper in company with
several other stage persons.
The European witnesses who ore YET, 70
be heard for the defence viii arrive to-
Continued on Page Ten.)