The Birmingham age-herald., 1908-01-24
)r. Waoner Testlfies.

and prevented the calling of several wit posses who are expected from abroad
 pr. Wagner Testlfies.
 Dr. Charles G. Wagner of BiEghamton, N. Y, the alienist, who began his testimo- y-yesterday afternoon, succeeded Dr. Bailey on the stand.
 District Attorney Jerome and MT. Lit- tleton had long argument as to the ad- instability of Thaw's statement to DTS. Wagner and Evans in the Tombs follow ing the homicide. MT. Jerome held that these statements came under the head of self-serving declarations. Justice Dowl- ing finally held that the statements were admissible as the basis for the expert opinion formed by the alienist.
 Dr. Wagner repeated at great length what Thaw had said. The prisoner told of his efforts to have Stanford White pun ished by applying to Anthony Comstoek and District Attorney Jerome. He said that he had not intended attacking White. that Providence took the matter in hand and ended it in it's own way. Thaw also said he had been followed by a gang of thugs whom White had employed to en- gage him in @ street quarrel and kick him to death.
 Thaw's Conversation.
 
 life," said 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 peo- pie, but had never been a disspated man or much in the company of women. He said he rarely or never drank whisky alone. He always wanted to talk of the wrongs he said Stanford White had done and he referred to those whom he termed
 
 practices. His manner of speech was very rapid and at times incoherent."
 On one of his visits to Thaw, Dr. Wagner said the defendant was very solicitious about draughts in the prison and had put a newspaper over the gratings in the cell door, Thaw said there were people who hoped he would catch cold and die so the case would never come to trial and Stanford Whites acts could never be known.
 The physician witness then went at length Into the details of the physical examination of the defendant as to tests of the refiexes, cranial nerves, etc. The testimony was a repetition of that given at the first trail Thaw's S manner under examination was domi- neering, according to Dr. Wagner. who declared that the manner of patient under examination'had more to do with forming an opinion than the examfna- tion itself. Thaw passed good phy- sical test, his refexes being normal. His pulse, however, varied in re- mark able way, running in the space of a minute from IS to 102 beats and then back again. -
 Complaints About White.
 "Thaw said it was the Monk East man gang that had been employed to
 fa nd he said the reason MT. Jerome had not acted on his complaints about White was-that the district attorney thought 1t the result of jealousy. Thaw said he met White in 1900 and had been in- vited to one of his parties in the Madi- son Square tower. He later saw Whlte in front of the New York theatre with a handsome girl and was told she was Miss Nesbit and belonged to StanIoro White" Thaw said he did not see now much a girl could care for White, Who had reddish hair ana iooheo i'n ' ape.'"
 The testimony as to Thaw's acqualnt- ance with White was new to the case. "Thaw also told me that Miss Nespit' afterwards his wife, would De thIowh into a high state of nervousness "heh- ever she saw Stanford White. Sne would shrink and shrivel up, ne ue :, clared. until he feared for her heal,l.
 pr. Wagner said that Thaw never sppne of White by name, but ai"ays ie. .n,,a oSy. to him as the "beast' or the piach- erardn Tte w't,ess spent half an houl in the description of tests of nerves anu senses nll Of winch ne declared were ap- nlied to Thaw. Dr Wagner next save a description of illusions, delusions' hai- lucinatiors etc. ;tt
 After a conference of the attorneys with Justice Bowling aS to limiting the expert testimony as far as possible, the luhch- con recess until D. m. was oroereo'
 Afternoon Session.
 With rns renlng of the afternoon ses- s;or Iudpo bowling announced that ne s.ro,,,a aIlou .h,, prosecution p1 and defense to call three experts each and no more.
 Mrs Catns.ine E. Cam, the former mil liner of Bostcn, who overheard Harry Thaw's proposal to Mrs. Nesplt TOT uhe rand of her daughter in marriage, was oaIIed to the stand. Mrs. Cain testified that she was with the Ihaws at theatre nartv after their marriage. Stanford white came into the theatre. When asked what effect this had upon the de- fenda,t Mrs Cain said his acts i'm nressed nel as irrational. There was nc cross-examination.
 pr. Br;tton D. Evans, superintendent oi the New Jersey State Hospital for the insane. at Morris Plains, who introduced the ..bra,astorm'' into the case last year then tool: the stand to give his testimony as to facts, as Dr. Wagner had done, both physicians being subject to recall later to answer a Hypothetical question cover ing all the evidence in the case.
 pr. Evans went over much of the ground covered by pr. Wagner, the two having peer together on most of theiI visits to the defendant in the Tombs Thaw talncd yer rapidly. the witness said. his words tunbling one over the other. 2 'sHe always assumed an air ol great importance, as if to impress me that he was the master of the situation, continued pr. Evans, and would tell ma