Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-01-28
INSANITY is NOT MADE OUT.
DEFENDANTS Counsel Cannot Call
States Experts OF Last
Year in Sur-rebuttal.
several Witnesses Testified That Thaw
seemed Perfectly Rational the
Night of the Tragedy.

Now York, Jan. 2S.--The Thaw case
rroerossed today to within few hours
a, IFS close. When the noon recess was
taken the state had practically con-
cIudsd its case in rebuttal and the de-
fense had only few witnesses to call
IN sur .rebuttal. The summing up Of
the attorneys will begin tomorrow.
MIR. Jerome caused distinct surprise
nv announcing that he would call no
expert Witnesses to rebut the testimony
of the alienists introduced by the de-
Tense.
He said he would rely on arguing
that competent case of insanity had
not been made out. His move also pre-
vents the defense from calling the
states experts of last year in sur-rebut-
tai to question them as to their declar-
alton before the lunacy commission
that Thaw was an incurahle paranolac
and likely to do violence If allowed to
go free.
The proceedings were materially
speeded by an agreement of counsel TO
the Judge to read to the jury the testi-
mony OF Abraham Hummel concerning
have singed in 1903 charging cruelty
against Harry Thaw as given at the
last trial This obviated holding court
on Blackwelrs island, where Hummei
IL serving sentence. In return for
the concession by the defense, Mr.. Jer-
ONE allowed the will of the defendant
TO go in evidence. The testament hal
been held up for want OF PROOF as 10
its custody.
The will sets apart sum of $4,000
for the purpose OF investigation in case
the maker die q violent or suspicious
death.
The prosecution brought several wit
nesses forward to say Thaw seemed ra-
tonal the night of the tragedy.
CONFERENCE OF COUNSEL
Before the opening of the states case
IN rebuttal in the Thaw case today
there was a conference of counsel, haV-
ing as it's object the arrangement OF
compromise as to admitting certain
evidence principally the copy of the
Evelyn Nesbit affidavit supposed to
have been made in A. ii. Hummeps Of
fee Dist Atty, jerome offered to let
in Harry Thaw's will by consent IL
Mr.. Littleton would admit the affida-
Wit This arrangement would do away
with the necessity of taking Hummels
testimony on BlackwelPs Island, and
would also hasten the conclusion of the
case. No agreement had been announc-
ed, however when the morning pro-
ceeding were taken up.
EYE WITNESSES.
The state began by calling several
eye witnesses to the tragedy who de-
clared Thaw's conduct impressed them
as rational.
One of the witnesses was Warner
p4Ntuu aruinapr nf Madison SunaTn
Garden.
He said that Just before the killing
of Stanford White one of the perform
ers on the stage made a remark about
challenging somebody to duel.
Was the performer who passed the
remark Harry Hudson?" asked Asst.
Dist Atty. Caravan.
Il don't know, Harry Thaw's shots
followed the remark so quickly, l
thought at first they were part of the
play"
D. Francis Mcclure, the Tombs
prison physician, was called by Mr..
Jerome TO testify as to Thaw's con-
duct in jail. but his testimony was
barred out when Mr. Llttleton raised
the objection as to professional privi~
lege between physician and patient.
EvELYN's AFFIDAVIT.
Abraham Snydecker, former emf
tiflad last year that he witnessed
Evelyn Nesbit's signature to the affi-
dayiJ which charged Harry Thaw with
otueltles, next was called to the stand.
The ailldavit was signed by Evelyn
Nesblt In the Madison Square tower
when she was In company with Stan
ford White.
snydecker's testimony was objected
to by Mr.. Llttleton as immatorlal but
was allawed TO go In by Justice Dow
lng When shown the Photographic
copy ~ the signature, however. the
witness said he could not positively
Identity 1t, although he recognized his.
own sgnature underneath that OF the
Nts5li girl.
snydccker swore that the girl
glanccd through the document and de-
cleared It's contents were true. After
lne paper was signed 1t was turned
over tp Mr.. Jacobson. another Hummel
cleri. who went TO the tower with the
Witness
Snydecker was confronted with his
le1limony of last year and explained
several discrepancies by saying he re-
.lenhtred the events moro clearly this
JEROME SPRINGS SURPRISE
" Jerome here sprung surprise by
GAZING Roger O'Aleara. former chief OF
oeieclves of Pittsburg, to the stand.
W,Nlh nus petn prominent nBufe III
the Ihaw defense work. Mr. Jerome
bsbcl him II he had been connected
with The Pittsburg detective force and
Oh o1 t.geivlng an affirmative reply said.
That's an"
an LittletOn caused a smile by say
,ns NE could not think OF any questions
10 ask the witness.
MIN the exception OF the testimony
oi Mr Hummel this is all the evidence
,e sIaIe VIII have to Offer" said Mr.,
mas been rimored for some time
la' the district attorney would not
CIV any insanity experts In rebuttal,
'nl mis- statement confirmed It.
was reported that Mr. Jerome
Honld contend In his summing UP 10 the
iuly that no competent case OF mental
lHttpunslbllity under the law had been
made ont byth defense
Auniher conference OF attorneys fol-
loMed Nh Jerome's announcement.
vas finally agreed that Hummels
testimony az The last trial should be
leaa 10 the Jury ana that the Thnw
VIII also should be read. Hummel II
now confined in the prison on Black
MfII'N lalauH enruIuu aauf.paa f,.