Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-07-28

that Evelyn Nesbit Thaw had been
summoned to appear today. He sale
that the subpoena under which she tes-
tilted week before last was still in force
and that she could be brought here
whenever further evidence from her
was needed.
I'm my opinion Mr.. Thaw is now
sane" were almost the first words
spoken by DIR. Evans when he took the
stand today.
Has Harry X. Thaw any decisions
or Authorizations at this timer" asked
Charles Morschauser, Thaw's attorney.
He has not" replied DR.. Evans.
In crOss-examination' Mr.. Jerome
quoted authorities that symptoms of
the disease might be concealed for in
tervals of months He reminded DIR.
Evans that in his former testimony he
had declared Thaw insane a year be-
fore he killed White. The experts an
ever to this was that information given
by Thaw had caused him to modify
his opinion. so
Replying to Jerome's questions, Dr.
Evans said that he did not consider
Thaw's act of letting his wife tell the
2
ed mind
Personally" he added, II do consid-
Ell 1t case Of bad judgment"
Mr.. Jerome then offered in evidence
DR.. Evans brain storm" report, which
was one of the factors in gaining a
verdict of not guilty on account of in
sanity, at the second trial. The district
attorney read the alienist's conclusion
that Thaw. at that time, suffered from
adolescent insanity and would be sub
1ect TO outbreaks of the disease in the
future.
DR.. Evans said that in the compila-
ton of evidence made by his assist
ants only matter likely to assist Thaws
attorneys at that time was included.
They found as much or more on the
other side" he remarked, but I told
them not to put it in
while I assumed at the trial that
all the facts upon which this report is
based were true" said DR.. Evans, II
do not think so now"
Just before the opening of the AFTER
noon session Evelyn Nesbit Thaw
slipped into the court room so quietly
that it was sometime before anybody
but the court officers realized she was
there. She wore the same blue suit sn,
had on last week and black and white
hat. 1t was believed that she was sum-
moned by Mr.. Jerome to be on hand
In case Thaw tok the stand. but Mr.
Jerome said he did not expect to call
her to the stand today
DR.. Evans had a chance to explain
. HIS changed convictions regarding
j Mr.
his questioning in the afternoon. Since
the second trial he had secured further
important evidence, DR.. Evans said.
Formerly he considered Thaws belief
regarding Stanford Whites treatment
OF young girls as a delusion, now he
did not
DO you say asked Justice Mills
that IT Thaw has been free from de.
lusions and outbreaks for the pas,
three years (since he killed White) it
Is proof of his present sanity and d
guarantee of his freedom from such
outbursts in the future?"
The witness would not assent to this
proposition entirely. He contented
himself with relating that Thaw's ac-
tions at present showed that he is
sane.
Susan A. Merrill who ATTORNEY
Hartridge said was present when he
received the mysterious articles mark
ed as exhibits yesterday, followed DR.
Evans on the witness stand Justice
Mills announced:
No woman should stay in this cour,
room unless she is willing to hear
everything, but l hold that the courts
are public and will not compel anyone
TO leave" Three young girls with,
drew
Mrs. Morrill, said that during the fall
> OF 1902 Thaw rented rooms from her
= In two different houses She knew
him, she said, as MIR. Reed" and .Mr
Monroe" and also by other names
Thaw" she said, represented himself
TO be theatrical agent engaged in
employing young ladies all over the
country for the stage"
Under Jerome's questions the wit
ness said that on three occasions she
round Thaw in his rooms striking girls
with dog whip. Win she told Thaw
ne must stop, his reply, she said, was
tnat they weren't smart enough and
could not get a position on the stage
and deserved beating"
The Hartridge package was then
opened. 1t contained a whip with a
pearl handle and a lash about two feet
long. The witness progressed to iden-
tify 1t as the whip left by Thaw in
her house. which she turned over TO
Hartridge together with a memoran.
dun of the alleged occurrences to
which she had just testified She said
Thaw had rooms at her various estab L.
lishments until 1905.
Why did you let him move around
! with you if you say he behaved 90
badly" asked Mr.. Morschauser.
'" He always promised to be good and
on the last occasion he said that if !
complained he would kill me-"
: The witness admitted that she had
recently brought suit for 500. 900
against New York man and after a