The San Francisco Call. Newspaper, February 19, 1907, Page 2

ar THE SAN FRANCISCO CALL, TUESDAY, FEBRUARY 19, 1907. \ insanity opinion. TITH D. M. Delmas triumphant over his fellow attorneys in their efforts to oust him, the trial of the Thaw | case was resumed yesterday. The defendant’s remarkable will, which, the experts declare, plainly in- dicates that the writer was insane, was admitted in evidence. Dr. Evans was examined at length as to his Delmas, Still in Command, Suc Introducing Thaw’s Will It It Declare Shows Evidence of Insanity Fx perts N anx W YORK fight, during District Attorney e indulged more than their usual number of acri- monlous verbal exchanges, counsel for Harry K. Thaw finally afternoon in read in 2 will and codicil executed by the de- fendant on the evening of his 10 Evelyn Nesbif, in April, un- esent he let llowing ceeds in cord the s with s tending to mind at that ressed v exp stent efforts to t today that on rval of about three of alleged insanity y a sy ic de olac type, centering alleged acts of Stanford rsecutions of Thaw re- s hostility to the archi- ag from Evans strove, but not with en- ss, 10 par: efforts of District Attorney and the struggle gave rise to the doubt among some who have followed the evide close- whether the defendan: alienists not gone too Paranola is usually regarded as incurable. t is no part of the defense, pre- bly, to deplct Harry Thaw in such a hopeless condition. as again assumed full charge and conducted the examination Evans. There was a full array both the defense and prosecution present. These included Drs. Hammond, Wagner and Jolliffe for the defense, and Drs. Mabon and Flint for the prosecution. Interest taken in the presence outside the rtroom of Dr. Francis L. Patton of Princeton Theological Seminary, to whom Thaw is said to have communi- of Dr. experts for cated information im' a letter relating| to Stanford White. Dr. Patton is de- clared to be under subpena of the de- + ',Jerome ~and Adversary‘ Clash Frequently District Attorney Achieves No Brilliant Success in Cross-Examining Dr. Evans NEW YORK, Feb. 18.—Dr. Britton™D. on the stand Thursday when the was adjourned, was recalled as the first witness today. . Delmas took up the direct examina- tion of the witness, thus resuming his position as leading counsel. Dr. Evans was asked to relate the conversations that he had with Thaw during his first three visits to the defendant in the Tombs. The witness has heretofore testified that as the result of the first three visits he had reached the conclusion that Thaw was of unsound mind. Dis- trict Attorney Jerome submitted to the court the contention that the winess should produce any notes he might have taken at the time of the inter- views. “That is a matter for general cross- examination,” ruled Justice Fitzgerald. “Although I am not compelled to do s0,” said Delmas, “I will examine the witness upon the point so as to satisfy the learned District Attorney.” JEROME IS OVERRULED , Dr. Evans said that he did take-sonfé notes of one visit, but that they were ! meagre and had been lost after he had turned them over to his stenographer. He took his assistant, Dr. C. C. Belling, along to take notes for the thira visit, but Thaw dismissed the physicians and counsel on that occasion. “That ended the note taking,” said the witness. “I may omit essential details, but I will have to depend en- tirely on my memory.” Jerome objected. “This witness,” he | declared, “says that he must omit es- | sential facts.” ! fense and he may be sworn tomorrow. | ————e— Extrsordinary chance to secure a bome. Hol- cowmb Realty excursion to Decoto February 22. * s : i “What can he do” replied Justice Fitzgerald, “but give his best memory R A e To Cure a Cold in One Day Take Laxative Bromo Quinine Tablets. Druggists refund money if it falls. E. ‘W. Grove's signature on each box. 25c* 5 S s, superintendent of the New Jer- State Hospital for the Insane, who | & o : That is all that is required by the rules of evidence.” The objection was overruled and Dr. | Evans proceeded to relate the incidents i of his first visit to Thaw on August 4: | 1 offered to withdraw, but Thaw told me to | remain, and after kissing his wife and mother | and fntroducing me he asked them to excuse | him until be had finished with me. He told me of Stanford White, and at great length spoke of the alleged wrongs that the man had done to jnnotent girls. He never referred to himself and did mot seem to feel in any danger in his ‘position as & prisoner charged with murdér. He declared that | ‘White hed drugged and ruined a great number of young women who had not been inclined to | erime—women whose minds as well as. bodies { bad been pure. - | Dr. Evans next told of his second | visit. He said: Thaw came into the examining room of the Tombs with a large pasteboard box in his arms. It was filled with papers. He was nervous and agitated. He said that be felt all right and slept well. He then,told s the same story of persecution that he had related to me upon the occasion of my first visit. DENOUNCES STANFORD WHITE He referred to ‘“‘this man, this creature, this dead man, this beast, the blackguard,’ sald that White had sought to take the virtue of every pure-minded woman wiho came within the sphere of his observation. ‘I tried to save them,” Thaw ,said to me. “I did all in my power. 1 neder wanted o shoot the creature. I never wanted to kil hins. [ knew that he was a foul creature, destro; all the mothers and daughters in America, but I wanted through legal means to bring him to trial. I wanted to fet jMml into court so that he would be brought o justice,'” I len asked Thaw why, under such cireum- stancés, be had shot White. i | . UProvidence took charge of it,” he replied. {‘That was an act of vidence. For my I would rather have bad him suffer in the humiliation that the revelation of his acts would have caused.” “Did he tell you what he had done, if anything, to bring Stanford White into court?” asked Delmal:_' The witness i { | answered: Thaw sald DI gone to see Jerome and a i i 3 As to Mr. Comstock, he sald that at Delancey Nicoll, the attorney, legal adviser both to Stanford stock. He regarded this as a port, he said, be discovered was_peting White and to conspiracy ageinst him, I asked hy he bad carried a pistol, and he sald Roger O'Mara, a Pittsburg detective, bad advised him to do so after he had told O'Mara _that several occasions thugs had jostled him in an attempt to get him into.a q He said that Stanford White had bired the Monke Esstman gaug to get him into s quarrel and beat ¢r ick him to. death. The witness next went into a descrip- | tion of his third visit, on September 19, | and proceeded as follows: MENTAL MAKE-UP “EXPLOSIVE” | “As a result of the visit, did you draw | any scientific deductions from Mr. Thaw's action?”’ asked Delmas. Yes. He displayed a highly explosive mental make-up in that, withour adequate cause, he dismissed his counsel and physiclans after he had agreed in advance that we should come there for the purpose indicated. He displayed defective reason in putting aside professional men who be -had been assured were there through no unfriendly part. “Did he mention to you thc names of any of the young women who he sald had suffered wrongs at the hands of ‘White?” Delmas queried. Before the witness could answer Delmas withdre the question and asked Dr. Evans if he had read the codicil to Harry Thaw's will. The witness said that he had road it in part and Delmas asked: *“Did he tell you the names that appeared in _the codicil?” | District Attorney Jerome objected to | the question and it was withdrawn. The examination continued: Did Mr. Thaw say to you that he was not insane? Yes, sir. He gald, “I am not insane.” Is it a common fhing for persons suffering from unsound mind to protest that they are not ! insane? | | It is very common. SELF-IMPORTANCE EXAGGERATED Dr. Evans said that Thaw declared | that perhaps 200 or 300 persons might be found who would say he was insane, but he did not think that they could| prove it. Regarding Thaw's actions of self- importance, Dr. Evans said: He wanted me to understand that he was Harry Kendall Thaw of pittsburg: that he was | the one and only Harry Kendall Thaw, and that there were no others. What conclusion dfd you reach as to Thaw's declaration that his act had been an act of providence? * That it was an insane delusion. Are not repentance, remorse and fear of pun- ishment the normal conditions of a sane man | after has has committed an act of homicide, and | the absence of these elements an evidence of unsoundness of mind? As a rule, remorse and repentance are found in the same mind. This ended the direct examination of Dr. Evans, and Dr..Wagner was re- called, “As a result of your visits to Thaw on August 21 and September 19 last, aid you reach a conclusion as to the mental condition of the defendant?” asked Delmas. “Yes," replied Dr. Wagner, “in my opinion he was insane at that time.” Dr. Wagner then repeated the story of the same interview as was related by Dr. Evans. At its conclusion Del- mas asked: gld Thaw protest that he was sane? ‘es. Did Thaw ascribe to himself any particular ————— e e A Tired Stomach | Does not, get, much good for you out, of what, you eat,, for it, does not. digest, | ter of the will of the defendant.” much—it,"is wasteful. 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