The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-01-29
NO EFFORT IS MADE
T0. COMBAT EXPERTS
jerome Depends on Wit
nesses to Killing to
Prove Thaw Sane.
ALL IN;
ARu.U ME N II II O.DA Y

Lot 4iiel Ildl, dElQ VIII OF lt1aW
Admitted by Agreement.
Case 70 Reach the
Jury on Fri
day.
NEW YORK. January 2s.-with no
attempt on the part Of the State to
combat with scientific testimony the !
claim OF insanity urged in behalf OF
Harry K. Thaw, the takirg & OF evidence
in the second hearing OF the famous
Madison Square Garden murder TRAIL
ended to-day. Tomorrow morning
Mr.. Martin w. Littleton will begin his
plea for the defendant and is expected
to occupy both morning and afternoon
sessions. District Attorney Jerome
promised to be brief and Justice Dowl-
Ing may hand the case over to the jury
on Thursday afternoon. The court an.I
nounccd. however. that he probably
would not deliver his charge until
Friday morning.
Contrary to his policy OF last year
when he called nine experts in In
sanity to the stand Mr.. Jerome utterly
ignored the scientific phase OF the re-
buttai case. He produced several eye
witnesses to the tragedy and several
police officers who handled Thaw the
night OF the homicide and placed on
record their opinion that the Defend
ants acts and manner were rational.
Under agreement of counsel tie tes-
stimony given by Abraham Hummel at
the last trial was read to the jury and
the Thaw will wass admitted in evidence
without further proof as to its Gus
tody during the six months following
the shooting OF Stanford White. The
affidavit alleged to have been made by
Evelyn Nesbit in Hummel's office.
charging Thaw with cruelty and at
for the Nesbit girls downfall upon
Stanford White. was also admitted by
Justice Downing, and then the case. so
far rs testimony was concerned, was
at an end.
BelittIes Insanity Plea.
Throughout the trial Mr.. Jerome has
attempted to belittle and discredit all
testimony having TO do with Thaw's
irrationality. He has attempted to
show that the youthful outburssk OF.
the defendant were fits Of temper
which deserved q Spanking as he
expressed 1t rather than scientific dis
cussion. He has attempted to dis.
creditfthe outbreaks In later life with
the suggestion that they were the re-
suit OF too much drink and nothing
more That the prosecutor will ridicule
the expert testimony Is generally
agreed. Having no experts OF his own
he has free hand In that direction
this year Mr.. Jerome's move to-day
also frustrated a plan Of the defense
to call in surrebuttal several OF the
experts who testified against Thaw at
his last trial.
Mr.. Littleton in his argument will
contend that the prosecution has failed
to shake the case of insanity built up
by the defense. He Will again call at
ltention to the law and the burden of
proof 1t places upon the state In a
| case where insanity Is pleaded as a
bar to responsibility for criminal
act. He will contend that once the de-
i5fense has produced evidence of In
sanity 1t becomes the duty of the
| prosecution to remove every reasonable
| doubt OF insanity. In other words. Mr..
| Littleton will ask for an acquittal un-
! less the jurors are convinced that every
Ireasoablc doubt as to Thaw being In
sane at the time of committing the
homicide has been removed by the
| States case.
Mr.. Littleton has made no claim OF
presene insanity for Thaw. In fact. Tho
experts for the defense have testified
| that in '.maniac cdepressive" insanity the
dia gnosis now applied to Thaw's con-
dition Of mind the patient Is very apt
to have attacks OF increasing frequency
| and violence.
Eyewttnesses on Stand.
When the morning proceedings were
4 taken up the State began by calling
q several eyewitnesses to the tragedy
4 who declared that Thaw's conduct im-
! pressed them as rational. One of the
witnesses was Warner PaSson, engl-
4 neer OF Madison Square Garden. He
i said that Just before the killing OF
Il Stanford White one OF the performers
I on the stage made q remark about
\ challenging some body to q duel.
Dr. Francis Mcguire. the Tonbs pri.
I son physician, was called By Mr.
Jerome to testify as to Thaw's con-
i duct in Jail, but his testimony was
d barred out when Mr.. Littleton raisei
4 the objection as to professional privi'
i legc.
Abraham Snydecker. q former EN-.
4 ploye OF Howe &. Hunmell, who testt.
i fed last year that he witnessed Evelyl
4 Nesbit's signature to the affidavit whicl
4 charged Harry Thnw with crueltles
4 next was called to the stand. The nf
! fldavit was made by Evelyn Nesblt II
! the Madison Square Tower, when sll
4 was III the company of Stanford
!. White. When shown the photographic
copy OF the signature. however, til
Ill Witness ESHlQ y IieS fCoulll ilol3 puStNlSSls
Il .lidentlfy It, although he recognized hls
/ own signature underneath that of TIL
! Nesbit girl, Snydecker swore that th'
J. girl evidenced the truth of the docu
/. 5n1ent and declared Its contents wer
true, III ~
,, Evelyn N~.b't'a a H'dnyit.
when the reading Of the Hummel
J. evidence had been completed at tn
y 5afte noon session the afhdavtt was srea
I by Mr.. Jerome after Attorney Little
I ton he'd interposed futile ob1ectio
!. LOT imnateriality. In the aIfidavi
!, Mrs, Thaw. who was then Miss Mes
) bit charged that during her Europea
n trip with Thaw, In 1908. he attpcke
her several times without any provo
\ cation whatever, and beat her un
! merclfully. "A the result OF one cast
{ cation. the affidavit asserted, the gil
! was in bed three weeks. The afftdayl
! also accused Thaw OF taking cocain
Z habttually. Mrs, Thaw on the witnes
stand denied having mad 8 this aff
dayit but admitted signinggFa pape