Evening star., 1908-01-23
LIMITING EXPERT EVIDENCE
Each Side May Use Only Two Ply
sicians.
TESTIMONY OF DR.. WAGNER
Story Told of One of Harry Thaw's
Seizures on Railroad Train.
Early Life.

Dr. Charles G. Wagner. superintendent OF
the State Hospital for the Insane at Bing-
hamton. y. Y, was on the stand during
most of the morning session. and told in
great detail of the three physical exam.
nations he and DIR. B. d. Evans made OF
Harry Thaw in the Tombs prison during
the four months following the killing of
Stanford White
He was also allowed to repeat his con-
versations with Thaw during the visits
TO the prisoner, when the latter talked
about his life and about the alleged
criminal acts of Stanford White. Thaw
declared, according to DR.. Wagner. that
he had never intended to attack White.
but Providence took the matter in hand.
There We're a few new details in the
physicians testimony. but in general it
was a repetition of what he said last year
at the first trial. DR.. Wagner did not
express his formal opinion as to Thaw s
state of mind, this being left open until
few other witnesses of facts have put
their evidence into the record.
Justice Bowling held a conference with
the attorneys as to limiting the expert
testimony and it was said it might be
that each side will use but two physi-
clans, although the defense is likely to
call several more in sur-rebuttal of any
that appear in the states rebuttal case
The defense has all of the experts who
testified for the prosecution at the last
trial under subpoena.
Thaw in a Fit.
DR.. Charles L. Bailey of Albany n T..
who arrived in New York last night from
the Island OF Jamaica was called as the
first witness In the Thaw case when court
convened at 1920 am. today. Dr. Bailey
was called to attend sThaw on a New
York Central railway train between Hud-
son and Albany in April. 1906.
When / was called in to see him.
said the witness, 'Thaw was chatter1ng
something like: Shasta, shasta shasta !;
the pennsylvania runs into the New York
Central He kept on repeating this for
some time. His eyes were bulging and he
appeared unsound. j gave him hyper
dermic of morphine with the assistance
OF the porter. When Thaw saw the syringe
ne said: Take away that die stuff |
was very close TO him and could not de-
tect the odor Of alcohol
On cross-examination DR. Bailey said
inaw DID not respond to his interroga-
tions. but ranbled on incoherently. His
pulse was about 60
The non-arrival of the steamer Adriatic
upset the plans of the defense somewhat
and prevented the calling Of several wit
nesses who are expected from abroad
.
". T.. the alienist. who began his testi-
mony yesterday afternoon, succeeded DR..
Bailey on the stand.
Statements in the Tof1bs.
District Attorney Jerome and Mr.. Little
ton had long argument as to the admis-
stability Of Thaw's statements to Drs.
Wagner and Evans in the Tombs follow
ing the homicide. Mr.. Jerome held that
these statements came under the head OF
self-serving declarations. Justice Dowl-
ing finally held that the statements were
admissible as the basis for the expert
opinion formed by the alienist
DR.. Wagner repeated at great length
what Thaw had said. The prisoner told
of his efforts to have Stanford White
punished by appealing to Anthony Com
stock and District Attorney Jerome He
said he had not intended attacking White;
that Providence took the matter in hand
and did II in its own way Thaw also
said he had been followed by a gang or
thugs whom White had employed to en-
gage him in street quarrel and kick
him to death.
Thaw's Life History.
Mr.. Thaw gave ME a history of his
life continued the witness. "He said
he never got along very well at school.
and once thought of being painter In
travelling abroad he had met some pretty
fast people. but had never been a dssi-
pated man or much in the company OF
women. He said lie rarely or never drank
whisky alone. He always wanted to talk
of the wrongs he said Stanford White had
done. and he referred to those whom he
termed other rich criminals engaged
in the same practices. Hia manner
of speech was very rapid and at times in
coherent"
On one of his visits to Thaw DR. Wag-
ner said, the defendant was very solicitous
about draughts in the prison. and had put
a newspaper over the gratings in the cell
door. Thaw said there were people who
hoped he would catch cold and die so
the case would never come to trial and
Stanford Whites acts never would be
known.
sThe physician witness then went al
length into the details of the physical ex-
animation of the defendant as TO tests Of
the ref1exor cranial nerves. etc. The tes-
timony was repetition of that given at
the first trial Thaws manner under eX-
animation was domineering. according to
DIR. Wagner. who declared that the man
ner OF patient under examination had
more to do with the forming OF an opin-
ion than the examination itself Thaw
passed a good physical test his ref1eyes
being normal His pulse. however. varied
in a remarkable way. running in the space
OF a minute from IS to loo beats and
then back again
How Thaw Met White.
"Thaw said ii was the Monk Eastman
gang that had been employed to follow
him. the witness went on: "and he
said the reason Mr.. Jerome had not acted
on his complaints about White was that
the district attorney thought it the result
Of jealousy. Thaw said he met White in
1900 and had been invited TO one of his
parties in the Madison Square tower. He
later saw White in front of the New
York Theater with handsome girl and
was told she was Miss Nesbit and be-
longed TO Stanford White. Thaw said he
didn't see how such girl could care for
White. who had reddish hair and looked
like an ape.
The testimony as to Thaws acauaint
ance with White was new to the case
..rhaw also told me that Miss Eesbit
afterward his wife, would be thrown into
high state of nervousness whenever
she saw Stanford White. She would
shrink and shrivel up. ne declared until
J nc feared for her health.
| Dr. Wagner said that Thaw never
! spoke of White by name, but always re-
| ferred 30 him as The beast" or the