Evening star., 1908-01-28

Meath that of the Nesbit girl Suydecke
spore that the girl glanced through tf'
document and declared its contents were
trus After the paper was signed 1t wa:
turned over to Nit. jacobson. another
Hummel clerk. who went 10 the to"e1
with the witneys.
Snydeckcr was confronted with IDS testi
mony of last year and explained severa
discrepancies by saying he remembered
the events more clearly this time
Hummel's Testimony Read.
Mr. Jerome here sprurg surprise
by calling Roger o Meara. former
rhief of detectives of Pttsburg. to the
stand. O'Meara has been prominent
figure in the Thaw defense work, Mr.
Jerome asked him If he had been con-
nected with the Pittsburg detective force
,nd unon receiving an affirmative reply
said:
That's all
Mr. IittIeton caused a smile by say
ing he could not think OF any questions
to ask the witness
with the exception of the testimony OF
Mr. Hummel this is all the evidence the
state will have to o1er, SAID MT. Jc-
rome. . .
II had been rumored for some time that
,he district attorney would not call any
insanity experts on rebuftai, ana this
statement confirmed II.
IT was reported Mr.. Jerome would con-
tend in his summing up to the jury that
no competent case of mental irresponsi-
hiity under the law had been made OUT
by the defense. -
Another conference of attorneys foiio"-
ed Mr. Jerome 5 announcement.
1t finally was agreed that Hummels tes-
timony at the last trial should be read 10
the jury and that the ThaW Will also
should be read. Hummel is now conhnea
in the penitentiary on BlackWeii islanu,
serving A sentence for Subordfnation OF
periury He was too i'll to appear In court,
and il was at first proposed that the
court should go with the defendant 10 the
island to take his testimony. The agree
ment of counsel did away with the neces-
Sity of making such a trip.
The reading of Hummel's testimony was
still in progress when the luncheon ad-
Journment was ordered.
Last Nights Session.
At the extra session of the Thaw trial
held last night, that the cross-examina-
tion OF the experts called by the defense
might be finished, District Attorney Je-
rome moved that all the testimony given
by the prisoners wife be stricken from
the record as she lad not produced the
fourteen letters from Stanford White
she said she showed to Thaw in Paris.
The district attorney Contended that Tor
d
been told; that certain evidence had been
presented. while other evidence had been
carefully omitted. Justice Dowling over
ruled the motion.
The Long Question.
The hypothetical question put by Mr..
Littleton after the evidence was all in
contained 23ooO words.
The question was simply a recapitula-
tion of all the evidence adduced at this
trial to show Thaw's insanity. Mr.. Lit
Teton at recess reached the point covered
by the testimony of the morning, and that
part of II was finished soon after court
met in the afternoon. it having taken an
hour and quarter TO read about twenty
three thousand words. The prosecutions
questions will be in substance the same
except that il will also include the test!-
nony of James Clinch Smith.
short recess while Mr.. Jerome was
before the grand jury interviewed before
pr. Wagner called for the defense
lie said answering the hypothetical ques-
lion that his opinion was that Thaw was
of unsound mind and did not know the
nature and quality of his act when he
slew Stanford White. He defined manic
Oppressive insanity as a maniacal form OF
mental Unsoundness where the attacks
are infrequent and several years elapse
between outbursts. Justice Bowling then
took a hand in the examination asking &
partic cularly about the manifestations of
recurrent insanity. The essence of the
experts replies was that the forecasting
OF the recurrence of attacks was purely a
matter of speculation.
Dr. "Brainstorm" Evans
Dr.. BrItton D. Evans was called next
and said he thought Thaw was unaware
OF the nature and quality of his act when
he killed White and was suffering from
maniac-depressive insanity Justice Dowl-
ing a again inquired about the frequency OF
outbreaks in this disease when DR.. Smith
Fly Jeiliffe followed DR.. Evans. Dr. Jel-
life replied that they could be determined
by no absolute law. His examination fin
ished. Mr.. Jerome wished to have court
adjourned until today while he learned
something about manic-depressive insan-
ity. but Justice bowling said that he
thought recess until $50 O'Clock would
do. After recess Mr.. Jerome began his
DISCRIMINATION beginning with DR..
Evans. The district attorney was con-
tent in getting admissions from the alien
lists that last year they swore that it was
during a "brainstorm' that the homicide
occurred.
DR.. Evans took pains to say that a
.prainstorm was a condition coincident
10 a disease. not a classification of a dis
ease, and that the word itself was a
standard one found in all psychological
dictionaries. DIR. Jelliffe was examined
next and was quickly excused, to be fol-
lowed by DIR. Wagner.
Mr. Jerome read the affidavit DR.. Wag-
ner made at the last trial of report of a
conversation he had with Thaw in the
Tombs. This tended TO show that the de-
fendant had a distinct recollection of oc-
Ctirenccs on the Garden roof immedia tely
preceding the shooting. When Mr.. Je-
rome finished with the witness Mr.. Little
Ton moved that his testimony be stricken
out as tending to make the defendant
testify against himself. This was denied