The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1908-01-23
New Jersey Doctor Of
brain Storm Fame
on the Stand.
QUEER ACTIONS IN CELL
Jerome Loses Fight to Bar Test.
mony of Physician Who AT.
tended Millionaire Slayer
During His Confinement
in the TOmbs.


the expert began in the Thaw trial to-
day. DIR. Charles G. Wagner, superin-
tendent of the State Hospital for tho
Insane at Binghamton n. ", was on
the stand during most of the morn-
ing session and told in great detail
of the three physical examinations he
and DIR. 3. .. Evans made of Harry
Thaw in the Tombs prison during tbs
four months following the killing
Stanford White.
He was also allowed to repeat his
conversations with Thaw during tho
visits to the prisoner when the latter
talked about his life and about the
alleged criminal acts of Stanford White.
T'haw declared, according to Or. Wag-
ner, that he had never intended to at
tack White. but Providence took the
matter in hand.
There We're a few new details in the
physicians testimony but in general
II was repetition of what he said last
year at the first trial. Dr. Wagner did
not express his formal opinion as to
Thaws state of mind, this being left
open until Il few other witnesses of
facts have put their evidence into the
record.
|
with the attorneys as to limiting tho
expert testimony, and 1t was said it
might be that each side will use but
Two physicians, although the defense is
likely to call several more in sur-re-
buttal of any that appear in the States
rebuttal case. The defense has all of
the experts who testified for the pros-
ecutfon at the last trial under subpoena.
1t had been expected to have opened
| today's session with European doctors,
who hre to tell of the defendants Pc
culiar ailment while abroad, but owing
TO the delay of the S. s. Adriatic they
had not reached these shores.
DR.. Charles l.. Bailey, of Albany,
j N. Y, who arrived in New York last
night from the Island of Jamaica, was
the first witness today. DR.. Bailey IVES
called to attend Thaw on Il New York
| Central Railway train between Hudson
and Albany in April 1906
when ] was called in to see him.
said the witness, "rhaw was chatter
ing something like Shasta, Shasta,
| Shasta, the Pennsylvania runs into tho
New York Central He kept OH re-
peating this for some time.
His eyes were bulging and he ap~
peared unsound. / gave him hypo-
I
ance of the porter. When Thaw saw
the syringe he said, Take away that
die stuff / was very close to him and
could not detect the odor of alcohol
On cross-examination. Dr. Bailey said
Thaw did not despond to his interroga-
tion, but rambled on incoherently. His
pulse was about go
| The non-arriyal of the steamer Adrf-
attic upset the plans of the defense
somewhat and prevented the calling OF
several witnesses who are expected
| from abroad.
District Attorney Jerome and Mr..
Lttleton had long argument as to the
admissibility of Thaw's statements 70
Drs. Wagner and Evans in the Tonbs
following the homicide. Mr.. Jerome
held that these statements came under
the head of self-serving declarations.
Justice Dowling finally held that tho
statements were admissible as the basis
for the expert opinion formed by the
alienist.
/ DIR. Wagner repeated at great length
what Thaw had said. The prisoner told
Of his efforts 10 have Stanford White
punished by appealing to Anthony Com
stock 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 gang Of thugs whom White had
employed to engage him in a street
quarrel and kick him to death.
| Dr. Charles G. Wagner, of Binghain-
! ton. N Y, the alienist who began his
( testimony yesterday afternoon sue
ceeded Dr. Bailey on the stand.
/ Mr.. Thaw gave me q history of his
! life" continued the witness. He said
he never got along very we'll at school,
and once thought of being painter.
In travelling abroad he had met some
pretty fast people but had never been
% dissipated man or much in the COM
pany of women. ETe said he rarely or
never drank whis1ey alone. He always
wanted TO talk of the wrongs he said
Stanford White had done, and he re-
ferred to those whom he termed other
rich criminals engaged in the same
practises His manner of speech was
very rapid and at times incoherrent.
On one of his visits DIR. Wdguo' gasd
the defendant was very solicitous abOuz
draughts in the prison. and hal put 4
newspaper over, the sratlngs IN the cell
door. Thaw said there were people
who hoped he wouia catch cold aHd
die, so the case would never come to
| trial and STANFORD waite 5 acts Moaf1
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 al the first trial. Thaw's nau-
ner under examination WAS donineer-
ing, according to DR.. Wagner, who de-
clared that the manner Of a patient
under examination had more to do
with forming an opinion than the e2-
animation itself, Thaw passed good