The Montgomery advertiser., 1908-01-28


 'aThe frequency of recurrence is matter of spoculation?"
 "Yee."
 Tt is safe then to predict frequent attacks when the mania and meian- choly manifested themselves in early life?"
 Future outhreaks.
 If you are considering a person in middle life, I think you have 6 right to expect frequent and more violent outbreaks in the future"
 This seemed to satisfy Justice Dowl- inR.
 Doctors Evans and JellIsee then were called and each stated the opinion that Thaw did not know. the nature or quality of his act or that the act was wrong.
 Justice eDowling also questioned Dr. Jelliffe as to symptoms of manic de- pressive insanity.
 Are persons suffering from recur- rent attacks of this insanity likely to commit assaults?' he asked.
 "oh, yes," replied Dr. JelIiffe.
 District Attorney JeromA said:
 Manic depresslve" insanity was A new one in the case, and he wanted the cross-examination to go over until to. morrow. Justice Bowling overruled this suggestion but ordered a half hour recess, and said he would con= tinue the session until all experts had been heard.
 Dr. Evans was the first witness call- ed for cross-examination. He asked the witness If he did not testify at the last trial that Thaw was suffering from "brain storm" ft was some time be- fore the witness could be induced to give a yes or no answer. When he finally said "yes," MT. Jerome dramati- called dropped a heavy book on the table with bang and said:
 That's all"
 pr. Jelliffe was then called.
 Did not you testify last year that you didn't know what form of insanity this defendant was suffering from ?'' asked the prosecutor.
 "I did"
 On redirect examination, the wit ness said at the time of the last trial he did not know of much of the evil dence that was introduced this year.
 The District Attorney spent more time with Dr. Wagner, going over much of the witness's testimony as given last year. MT. Jerome also read from the affidavit Dr. Wagner made last year before the Commission in lunacy. The affidavit contained many statements made in court by the de- fendant to pr. Wagner. MT. Jerome introduced them to show that Thaw | had knowledge ana remembrance o1 events immediately preceding the trag. edy on Madison Square Roof Garden. Mir. LittIetOn Protests. | Mir. Littleton objected to the District Attorneys action on the ground that | 1t violated the rights of the witness as guaranteed by the constitution. anC was, in effect, compelling him t. testify against himself. Justice De&r ling overruled the objections. and thu evidence was allowed to go in.
 On redirect examination. Dr. Wayne said that in maniac depressive" in sanity the memory of the patient oftel was not impaired.
 MT Littleton here announced that tn defense rested.
 District Attorney Jerome moved tha all of the evidence of Evelyn Nesbi Thaw be stricken from the record ol the ground that she had not producet in evidence the fourteen letters iron | Stanford White she showed Thaw q Paris He said that only part of he story had been told; that certain evi dence had been selected for presenta ton and certain other evidence lef out.
 Mr. LAttleton objected to the Distrie | Attorney making a speech, and Justic bowling said there was no need to pro ceed further. He overruled the mo tion.
 Mir. Jerome asked that the testimon l Of Abraham Hummel, the lawyer, D taken at the penitentiary on Black wells Island, as Hummel is too ill t