The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-01-24
THREE. EXPERTS
FOR EACH SIDE
Justice Downing Limits Number
= OF Physicians in the ThaW
Murder Trial.
CASE WILL END NEXT WEEK
WITNESSES FROM EUROPE TO
ARRIVE TODAY.
CASE WILL END NEXT WEEK

New York, Jan. 23.-When an early
adjournment of the Thaw trial was
taken today i'm order TO enable the at
torneys for the defense to prepare
their long hypothetical question cover
ing all the evidence in the case there
seemed no longer any doubt that next
week will bring the second hearing TO
a close. Justice Bowling has decided
TO limit each side to three expert wit
nesses, and two of the defense's trio
were heard today as to the facts of
the mental and physical examinations
they made of Harry Thaw in the
Tombs prison following his arrest for
the killing of Stanford White.
Subpoenaed by Defense.
No experts for the state have yet
appeared in the courtroom, and Mr..
Jerome has not indicated the manner
in which he will combat the testimony
of the alienists in the employ of the
defense. All of the doctors who served
Mr.. Jerome at the first hearing are
under subpoena by the defense, not as
paid experts, but as possible witnesses
in sur-rebutta1 of any action the dis
trict attorney may take in rebutting
the insanity plea that has been
built up.
Mr.. Jerome turned the tables yester-
day upon Mrs. William Thaw by read
ing to the jury the affidavits she made
a year ago to the lunacy commission
which was testing her sons condition
OF mind, and the defense shows
seeming reversal of having the states
alienists admit upon the stand that
they made affidavits year ago in
which they expressed the opinion that
Harry Thaw was suffering from in
durable paronoi and had been victim
of that mental malady for many years.
Expert Testimony Limited.
Justice Bowling held a conference
with all the attorneys interested-in the
case before announcing his decision to
limit the amount of expert testimony
to be placed before the jury. Last year
the defense offered six experts to ans
wer the hypothetical question, but
these were overwhelmed numerically at
least. by the battery of nine brought
forward by the district attorney. The
effect of Justice DOwIing's decision
will be to materially shorten the case.
The defense should conclude it's evil
dence tomorrow, unless Mr. Jerome ex-
tends his crOSs-eXaminatiOn beyond
the limit of his present intention.
DIR. Charles Wagner of Binghamton
n. Y, and DIR. BrittOn d. Evans of
Morris Plains, n. j., both superintend-
ents of state institutions, were on the
stand today. In detailing their CONVEX
FsatiOns with Thaw in the Tombs, they
brought out more clearly two points
which were CLOSED over last year.
The first of these was to the effect
that Thaw had told them that i'm 1900
or 1901 he had been a guest of STAN
ford White at a dinner party i'm the
Madison Square Garden tower He
had left early and been accused of
breaking up the party. Some of the
guests did not eat much, Thaw de-
clared. and the young woman who sat
next him declared the food was bad.
First Sight of Evelyn.
Thaw also told the physicians of the
first time he saw Evelyn Nesbit. 1t
was in 1901, in front of a theatre. "A
pure looking girl" he declared her.
Then he asked who she was. He was
told the name was Nesbit and that
''she belongs to Stanford White"
Thaw managed afterward to meet the
girl at an after-theatre supper in COM
pany with several other chorus people
The European witnesses who are vet
TO be presented for the defense will ar
rive tomorrow morning on the steamer
Adriatic.
The court session begins at 10 o'clock
and every effort will be made to have
them there at that time, as Mr.. Little
ton is anxious that their evidence shall
be in before he puts his hypothetical
question. Besides Drs. Wagner and
Evans, the question will be answered
for the defense by DIR. Smith Ely JeI-
life of Columbia university, who also
appeared at the last trial