Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-01-23
DR.. Wagner, Important Witness
in First Trial, Testities in
Behalf of Thaw
NEW TESTIMONY IS PRESENTED
Evidence Produced Showing limo and
Circumstances Of Defendants First
Acquaintance With White - Or.
/ Bailey Tells of Thaw's Queer Ac-
tions on q Train.

rs NOW YORK Jan. Go.-bE. SLdt iCS -.
/ Bailey, of Albany, was the first wit
Hess in the Thaw case today. Bailey
was called to attend Thaw on New
York Central railway train between
Hudson and Albany in April 1906.
.When was called in to see him"
said witness, "Thaw was chattering
something like, Shasta, Shasta, Shas-
ta; Pennsylvania runs into the New
York Central EIe kept on repeating
this for some time. His eyes We're
bnlging and he appeared unsound. |
rave him a hypodermic of morphine
with the assistance of the porter.
When Thaw saw the syringe he said:
i Take away that die stuff l was very
4 close to him and could not detect the
odor Of alcohol"
Bailey said Thaw did not respond to
his interrogations, but rambled on in
coherently. His pulse was about 30.
DR.. Charles c. Wagner, of Bing-
hamton, N. T., an alienist, succeeded
Bailey.
jerome and Littleton had long ar
gument as to the admissibility OF
Thaw's statements to Drs. Wagner and
Evans in the lombs following the
pfomicide. Justice Bowling finally held
the statements were admissible as
basis for expert opinion formed by the
alienist. DIR. Wagner repeated at
great length what Thaw had said. The
prisoner told Of his efforts to have
Stanford White punished by appeal
i ing to Anthony Comstock and Jerome.
He said that he had not intended at
tacking White, but that providence
took the matter in his hand and ended
1t in its own way. He said ne had
been followed by a gang of thugs whom
White had employed to engage him in
a street quarrel and then kick him to
death
Wagners testimony was in large
measure repetition Of that given at
the first trial. He said that no one o1
+ his visits to ThaW in prison, the prls-
oner told him that he met White In
1900. and had been invited to one or
his parties in Madison Square tower.
He later saw White in front of a New
York theater with handsome girl, and
was told that she was Miss Nesbit, and
belonged to Stanford White. Thaw
said he didn't see how the girl could
care for White, who "had reddish hair
and looked like an ape" The testimony
as to Thaws acquaintance with White
was new to the case.
.'Thaw also told me-" said Wagner,
s'that Miss Nesbit, afterwards his wife,
would be thrown into a high state
of nervousness whenever she saw
White. She would shrink and shrivel
up, he declared until he feared for her
health. ThaW gave me a history OF
his life. 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 dissipated man
or much in the company of women.
He said he rarely or never drank Whis-
ky alone. He always wanted to talk
of the wrongs he said White had done.
He referred TO those whom he termed
other rich criminals engaged in the
same practices. His manner Of speech
Sea0 very rapid and at times incoher-
ent.
Wagner did not express his formal
opinion as 10 Thaw's state of mind,
this being left open until a few other
witnesses are examined and their evil
dence is in the record.
Justice Bowling held a conference
with the attorneys as to timing ex-
pert testimony, and it was said that it
might be that each side will use but
two physicians, altho defense is likely
of any that appear in the states re-
buttal case. Defense has all the ex-
perts who testified. for the prosecution
at the last trial under subpoena
After recess, Justice Bowling an
nounced that he would limit both the
prosecution and defense to three ex-
n,arts each