Waterbury evening Democrat., 1908-01-23
EXPERT CALLED
After a Conference al ibe Thaw Trial it Was Decided 10
 Limit the Number
THE LAWYERS CLASH

! New York, Jan. 23.-Dr Charles -L. Bailey of Albany, N Y., who ar lived in New York last night from | lhe island of Jamaica, was called as
 he first witness in the trial of Harry X. Thaw for the killing of Stanford White, when court convened at 10:20 a. m. to-day. Dr Bailey was called to
 Mend Thaw on New York Central --lroad train between Hudson and TObany in April, 1906.
 st'When I was called in to see him.
 ind the witness, "Thaw was chatter
 ss something like:
 stt' Shasta, Shasta, Shasta; the
 nnsylvania runs into the New rork Central He kept on repeating
 o}s for some time. His eyes were
 stging and he appeared unsound.
 Eve him a hypodermic of morphine
 fth the assistance of the porter.
 Then Thaw saw the syringe he said
 Take away that die stuff I was very close to him and could not de- tect the odor of alcohol"
 On cross examination Dr Bailey said Thaw did not respond to his in terrogations but rambled on inco- herently. His pulse was about 90.
 Did you ever see a man so drunk he couldn't respond to your interrO- lgations?" demanded the district at Iltorney.
 "Yes."
 The non-arrival of the steamer l tAdriatic early this morning upset the /plans of the defense somewhat and prevented the calling of several wit Inesses who are expected from abroad,
 Dr Charles G. Wagner of Bing- hampton, N. Y, the alienist who be- gan his testimony yesterday after noon. followed Dr Bailey on the stand.
 District Jerome and Mir Littleton had long argument as to the advis- ability of Thaw's statements to Drs |Wagner and Evans in the Tombs fol- lowing the homicide. Mir Jerome held that these statements came under the head of self-serving declarations. Justice Bowling finally held that the statements were admissible as the basis for the expert opinion formed by the alienist. Dr Wagner repeated what Thaw had said at great length. The prisoner told of his efforts to have Stanford White punished by ap- pealing to Anthony Comstock and District Attorney Jerome. He said he had not intended attacking White, that Providence took the matter in hand and ended 1t in its own way. Thaw also said he had been followed by a gang of thugs whom White had employed to engage him in a street l quarrel and kick him to death. -..
 "Mr Thaw gave me history of his | life," continued the witness. "He said he never got along very well at school and once thought of being a painter, In travelling abroad he had met some pretty fast people, but had never been dissipated man or much ! in the company of women. He said The rarely or never drank whiskey alone. He always wanted, to talk of | the wrongs he said Stanford White ihad done and he referred to those whom he termed other rich crimin- | als engaged in the same practices. | His manner of speech was very rapid \ land at times incoherent."
 Justice Bowling held a conference with the attorneys to limiting the ex- l pert testimony and 1t was said it might be that each side would use Ebut two physicians, although the de- .fense is likely to call several more .n |sur-rebuttal.
 After recess Justice Bowling an- nounced that he would limit both i the prosecution and the defense to three experts each.