Omaha daily bee., 1907-02-10
JEROME HAS HARD TASK
Must DisCrsdit Testimony Of Evelyn Thav
Without Disputing Hsr stOrJ.
ENOtNcE Of NsANnY NUsI sc SHOWN
District Attorney Insists that Defense
Lay Foundation for "Tenaerioin
TattlinEs" Before More Are
Given I'm Court.


NEW YORK. Feb s.-District Attorney
Jerome has a difhcult problem to face IN
the cross-examination OF Evelyn Nesbit
Thaw. With the truth or falsity OF the
stories which the witness has testified she
told her husband Mr.. Jerome has nothing
to do. He can introduce evidence. II he
has Il. generally affecting her credibnity
az witness. but as for the main state
ments in her testimony. Stanford white
himself, " he were alive, could not go on
the witness stand and deny them. The
point In the case IL not as to the truth of
these stories. but as to their effect on
Thaw's mind
This fact was impressed on the jury when
the court. at the request of the district
attorney. Informed the jury that under the
law the prosecution could not introduce
evidence with the object OF disprovlng any
statement that Evelyn Nesbit Thaw has
made. except the statement that she told
her husband all the things she testified to,
Wants Evidence OF Insanity.
Mr.. Jerome will strenuously object TO the
further introduction of what he termed
''Tattling of the Tenderioin," which was
plainly shown late yesterday when he
claimed. and was sustained by the court.
that as yet there had been no evidence to
show that Thaw Is now. or every was. in
sane. and that until this was shown any
more OF these stories would be entirely i'm
material. This ruling by the court may bar
any other stories that Evelyn Thaw may
have to tell until such time as It has been
shown that there is q reasonable doubt as
TO the proper balance of Thaw's mind at
the time Of the shooting.
Mrs Thaw's testimony OF yesterday was
not SO interesting OF convincing as pre-
viously, for she was less direct In her man
ner OF speaking and more dramatic in her
delivery. Many observers thought she did
not make as favorable an impression as
during her first day on the stand.
Effort to introduce VIII.
1t is expected that Mr.. Delmas will make
vigorous effort on Monday to introduce
Thaw's win in evidence. II Is believed TO
be, strongly relied upon to show the effect
upon Thaw OF the stories related to him
by Evelyn Nesbit. 1t is said to have been
written on loose sheets of paper, partly
typewritten and partly in handwriting, with
many interllneations
According to a report today the viii Is
expected to show that Thaw feared as
sassination and II is stated that in II he
ordered that the sum of $4,000 be devoted
to the prosecution OF his assassin, OF the
investigation Of his anticipated assassin
alton.
| Other provisions is one setting aside a
| fund of $4,000 for the care of women whom
| he believes to have suffered through
Stanford White. The names Of these
women are reported TO be given In the will.
II is also reported that the will contains a
provision for the education OF Howard
Nesbit, Mrs Thaw's brother. and that an
/ "a
Evelyn's mother during her life. The In
come from the remainder Of the estate was
beoueathed to Mrs Evelyn Thaw.
] The Thaw will was dated April 4. 1906.
| Counsel for Thaw today not only declined
to make public the text of the will. but
declared the alleged provisions Of It made
| public were accurate. ~.
| Mrs. Thav Sees Husband.
Evelyn Nesbit Thaw visited her husband
in the Tombs today accompanied by A. r.
Peabody and John b. Gleason OF Thaw's
counsel The four had long conferences
in the counsel room OF the prison Mrs.
Thaw appeared to be in high spirits today
and her husband also seemed to be in q
| pleasant mood. He would not discuss the
progress OF his trial. however.
Some OF the Jurors are beginning to chafe
under the close restraint in which they are
held. They are denied practically every
liberty and are permitted to ieaye the hotel
for exercise only when all twelve wish to
60 Then they are taken out under close
| guard. This condition resulted today In
what developed into rather an unpleasant
disagreement between the twelve men.
About half the number wanted to go out
for a walk during the forenoon, as they
missed the usual walk down to the criminal
courts building. The others had no de-
sire to go out. They were weary as a re
suit Of the trying days In court and pre-
fferred to lounge around In the hotel.
.sngthy conference and much argument
brought no result and the men who wanted
to go out appealed to the officer in charge
He told them that he was powerless- He
could not permit the men TO leave the
hotel unless all Of them went. he told them
Rumora Are Unverfaed.
The report wss published today that q
large fund has been collected In this city
to clear Stanford Whites reputation OF this
injury inflicted by the story Of Mrs. Eveiyr
Thaw.
1t was reported that lawyers had beer