Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-01-28
INSANITY UNPROVEN,
JEROME CONTENDS
Prosecutor in Thaw Trial De-
cides to Not Call Experts in
Mental Diseases
Prosecution Finishes at Forenoon ses.
sion Today - BY Agreement Testi'
mony of Abe HummeI Given at First
:, Trial is Submitted - Jerome Calls
i Witness and Then Fails to Question.

! Witness and Then Fails to Question.
New York, Jan. 2S.-The Thaw case
progressed today to within few hours
of it's close. BY the time the noon re-
cess was taken, the state had practl-
cally concluded it's case in rebuttal anu
the defense had only a few witnesses
TO call in sur-rebutta1. The summing
IN of the attorneys will begin tomor-
row. Jerome caused distinct sur
prise by announcing that he Woulo
call no expert witnesses to rebut the
Testimony of alienists introduced oy
the defense. 1t was said that he Woulo
rely upon arguing that competent
case of legal insanity had not been
made out. His move also prevents the
defense from calling the states e&-
perts of last year in sur-rebuttal to
question them as to their declarations
before the lunacy commission that
Thaw was an incurable paranaoic,
likely to do violence If allowed to go
free. The proceedings were materially
speeded by arrangement of counsel to
the jury the testimony Of Abraham II.
Hummel concerning fhe affidavit
Evelyn Nesbit is said to have signed In
1903, charging cruelties against Thaw.
This arrangement obviated the neces-
sity of holding court on BlackWell's
tence. In return for the concession by
the defense, jerome allowed the will OF
the defendant to go in the evidence.
The testament had been held up for
want of proof as to its custody. The
will sets apart the sum of $5O,O00 for
purposes of investigation in case it's
maker should die violent or sus-
picious death.
New York, jan 2s.-Before opening
the Thaw case today there was con-
ference of counsel, having as its OBJ
iect the arrangement of a compromise
as to admitting evidence-principally
a copy OF Evelyn Nesbit's affidavit
supposed to have been made in Hum
mePs office. Jerome offered to let in
Harry Thaw's will by consent if Lit
tleton would admit the affidavit. No
agreement was announced when the
mornings proceedings were taken up.
Jerome has decided not to call any
experts for the state to testify as to
Thaw's mental condition at the time
of the tragedy, but will rest on the
ground that no sufficient case of in
sanity has been made out. BY agree
ment of counsel, HummePs testimony
at theelast trial was read to the jury
today in the Thaw case. doing away
with the proposed trip of the court to
Blackwels Island, where Humrnel is
serving sentence for subornation of
perjury.
Rebuttal Is Brief.
The state began the day by calling
several eye witnesses to the tragedy,
who declared Thaw's conduct inn
pressed them as rational. Warner
Paxson, engineer at Madison Square
garden, said that just before the killing
of White one of the performers on the
stage made remark about challenging
somebody to a duel.
was the performer who passed the
remark Harry Hudson?'
Il don't know. Harry ThaWs shots
followed the remark SO quickly l
thought at first they were a part OF the
play
Dr.. Francis Mcclure, the Tombs
physician, was called by jerome, but
his testimony was barred out when
Littleton raised an objection as to
professional privilege between physi-
clan and patient.
Abraham Snydecker, a former en1-
ploye of Howe and Hummel, who tes-
titled last year that he witnessed Eve
lyn Neshit's signature to the affidavit
which charged Thaw with cruelties,
was next called to the stand. The
affidavit was signed by Evelyn in Mad
ison Square tower, when she was IN
company with White. When shown
a Photographic copy of the signature
witness said he could not positively
identify it, altho he recognized his own
signature underneath that of the Mes
bit girl Snydecker sWore the girl
glanced thru the document and de-
clared it's contents We're true. After
the paper was Signed it was turned
over to Jacobson, another Hummel
clerk, who went to the tower with wit
ness. Snydecker, confronted with his
testimony of last year, explained sew
eral discrepancies by saying he re-
lnembered the events more clearly az
this time.
Jerome Springs Surprise.
Jerome here sprung a surprise by
calling Roger O'Meara. former chief
of detectives of Pittsburg, to the stand.
O'Meara has been a prominent figure
in the Thaw defense work. Jerome
asked him if he had been connected