Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-12-04
NEW THAW WITNESS
WOMAN WHO NAY GIVE SOME
IMPORTANT EVIDENCE.

1MHOhVANx n v AO0ANS Gb
Nnw YORK, December 4-The inner
story Of the relations between STANFORD
White. the architect. who was killed by
Harry K. Thaw, on the roof OF Madison
Square Garden. and Evelyn Nesbit Thaw,
the young wife of the defendant. will be
told to the Jury when Thaw comes to trial
by Mrs. Nesbit-Holman and her son. Her
bert, mother and brother of Mrs. Thaw.
Until yesterday tho district attorney was
puzzled how to secure the testimony Of
Mrs Holman. Efforts made through Pitts
burg attorneys retained by him were fruit
less The prosecutor was particularly de-
sirous Of hearing from Mrs. Holman her
story of how she came to write the many
letters to Mr.. White, all OF which were
printed some months ago. In some OF them
she begged White to save her daughter
from Harry Thaw.
1t was Thaw's own counsel, who made 1t
possible for the district attorney to get the
testimony he 50 much desired. 1t came
about In this way:
Hartridge Applies for Commission.
Clifford w. Hartridge appeared before
Justice Newburger in the criminal branch
OI inc supreme COuEt SCStOAu0y ohN AAAS~
an affidavit sworn to by himself and by
Dolphin M. Delmas and John D. Gleason,
of Thaw's legal staff In the affidavit the
lawyers stated that they had learned from
Mrs. Harry K. Thaw that on the night OF
the tragedy she and her husband had dined
at the Cafe Martin, and that Truxtun Beale
and Thomas McCaleb had been their guests
on that OCCASION; also that these two were
on the roof of Madison Square Garden when
White was killed, and that their testimony
was of the greatest Importance. AS Mr..
Beale was in Bakersfield, Cal, and Mr..
McCaleb in Illinois, 1t was necessary that
a commission be appointed to take testi-
mony.
The attorneys asked for the appointment
Of an interrogatory commission, by which
questions and cross-questions are prepared
and the answers to them are made in writ
ing. No other questions than those pre-
pared by counsel can be put to the witness.
Mr.. Jerome, much to the surprise Of Mr..
Hartridge, did not oppose the motion Of
Thaw's counsel, but Mr.. Hartridge changed
color when Mr.. Jerome asked:
Would you object If the prosecution also
asked for the appointment Of a commits
sion?''
Jerome Explodes His Bomb.
IT certainly would" said Mr.. Hartridge,
unless you furnish me with the names Of
the witnesses"
Certainly" said Mr.. Jerome. I'VE
would like to examine the mother and
brother Of the defendants wife. They are
now in Pittsburg; and perhaps we might
wish to examine witness in South Africa.
We shall not object to your commission.
Mr.. Hartridge, as soon as you have hand
ed to US the questions you want to put to
your Witnesses
'rI take the papers; hand them up"
said Justice Newburger.
1--WE may want to withdraw the motion"
said Mr. Hartridge.
II won't let YOU was the parting shot
Of the district attorney.
In criminal case the prosecutor can
not apply for the appointment Of a COM
mission to examine witnesses for the prose-
cution II the other side objects. but q de-
PENDANT has such right. However, 1t opens
the door for the prosecution to examine
witnesses who are not within the courts
jurisdiction.
Besides Mrs. Holman and her son, II 10
the expressed intention Of the district-at-
torney to examine Miss Ada Vera Simon
son, q writer, who Is now in South Africa
studying the language Of the monkeys
Mrs. Holman the district attorney constd-
ers his star witness. II Mrs. Holman is
sioner In Pittsburg she must respond or be
declared In contempt OF court. If she de-
clines to answer questions she may be
punished for contempt unless her answers
tend to degrade or fncrimiaate her. Mr..
White not only provided for Evelyn Nesbit
at one time. but for the whole Nesbit fam
lily. He paid the boys expenses at MILL
tary school and constantly helped the girls
mother in a financial way.
Miss Simonson Was Whites Agent.
Miss Simonson's testimony Is important
because when Mrs. Nesbit wrote to White
to come to the rescue Of Evelyn Nesbit.
that Thaw was treating her shamefully.
White asked Miss Simonson, who was then
on her way to Europe. to investigate for
him and help the girl If possible. This she
did.
The law has this to say about the adj
mission Of testimony taken by a COM
mission:
1.-The dispositions taken under the commits
sion may be read in evidence by either
party on the trial, and the same objections
may be taken to q question in the interrog-
atories or to an answer in the deposition
as If the witness had been examined orally
in court
Among the visitors Thaw had yesterday
was his brother Edward and the latter's
wife. They had just arrived from abroad
and 1t was the first time that they met
since Thaw's arrest. The prisoners wife
and mother also called on him,
Not even Mr.. Jerome knows now when
Thaw will be placed ON trial. It may take
he 70 orot tho oof{v koI i>,r