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Show mained to be seen. Dr. Wagner succeeded suc-ceeded in answering Mr. Delmas' hvpo-theticsl hvpo-theticsl questions, but he wss vnabfe to ?et into the record his impressions r f haw based on six visits to him in the Tombs, and various personal and physical physi-cal examinations. Dr. Fvsns accompanied accom-panied Dr. Wagner on these visits. Alienist Help Little. The slienists who exsmined Thaw ! based a large part of their examinations on Thaw's own statements regarding himself and the peisonal and familv "history of the case. Under the law, as interpreted by Justice Fitzgerald. Dr. Wajjner was not allowed to lettifv to anything except his observations, and when he said that he based Vis opinion as to Thaw's mentsl condition largely on Thaw's own ststements, snd the history his-tory of the case, Delmas wss forced to withdrsw the question, the snswer to which would doubtless hsre been that the slienist considered Thsw insane when he fired the fatal shot. Whether the answers of the slienists to the hypothetical questions will be considered prima facie proof thst Thaw's mind was unbalanced at the time of the homicide, and will, therefore, there-fore, open the wav for the introduction of the cumulative evidence which Kve lyn Nesbit Thaw, May McKenzie and perhaps several others p.re ready to give, is s question thst cannot be answered an-swered until the time comes vben the court will pass on it. Little la Rebuttal. If this evidence is allowed to come into the case, there may be more sensations, sen-sations, but with the exception of what may possibly develop from this testimony, testi-mony, it is probsble thst the sensational sensa-tional features of the trial are finished. The prosecution's inability, under the lew, to go into the truth or falsity of Evelyn Nesbit Thaw's story makes it certain that there will be comparative ly little more in the rebnttal than when the battle started. It seems now thst the rest of the trial will be largely technical snd detsiled testimony. Counsel for Thaw uneipecte'dlv sn-nouueed sn-nouueed last night thst it wi(l take about two days more to put in the direct di-rect case for the defense. This, of. course, does not take into consideration the cross-exsminstion of Thaw's witnesses wit-nesses bv Jerome, but it indicates plain-h- that Thaw will not go on the stand. What is regarded as an important document docu-ment in connection with the trial was, it is understood, obtained yesterdav bv District Attorney Jerome from Abrsm Hummel. Copy of Affidavit. This document is a photographic copy of the statement which Evelyn Nesbit Thaw testified Lawyer Hummel dictated dic-tated when she went to his office with Stanford White. The original copy, it is ststed, wss destroyed, probsbly st the time young Mrs. Thsw says she went to Hummel 's office in search of a paper which she had signed. In the statement she made charges that Thaw ill treated her, and even Deat her, it is understood. There is some tslk that Hummel msy be put on the stand ss a witness in rebuttal, re-buttal, but It is more likely that Jerome is preparing for his cross-examination of the young woman. Jerome and Hummel met in a restaurant res-taurant yesterday, snd a brief conference confer-ence followed, in which Jerome made a number of notes in a little book. Although Al-though todav is Lincoln's birthday, it was decided' to hold court. It is "also Harry Thaw 's birthdsy. He is 38 yesrs old, hsving been born in 1971. MOST SENSATIONAL FEATURES OF CASE NOW REPRESENTED NEW YORK, Feb. 12 The real legal le-gal battle in the Thaw case has beuo. District Attorney Jerome an l Attorney Delmas for the defense have foued their rait and from now on, it ia expected, ex-pected, the battle will be fought to the last In this legal battle Jerome would seem to have a shsde the better, for he is familiar with the details of practice under the New York law, while Delmss will esve to cebend very.larfrel on his sssocistes for advice on 'technicalities. It waa stated last nljrht that the fight to keep oat the testimony which would tefcd to shew that Thaw wss insane when he shot Stanford White, which was be run yesterdav, woull be, continued contin-ued todav. ' Dr. B. D. Evans, who ia ia charge of the insane hospital at Morris Plains, N. J7 waa to bo the first witness for the defense. 'Whether he would meet a better fata than did Dr. Charles O. Wagner of the State insane hospital at Binghamte'&r N. Y,- yesterda, - re- |