The Washington herald., 1907-04-12
coNTINuED rRoM FIRsr pAeE.

night he must have spent, the defendant
looked well. But his hands shook as he
raised them to mis- forehead. and it was
seen at the same time that those hands
we're as white as paper.
Thaws relatives had been in the build
/ ing an hour or so before the jury came in,
They all bore themselves in the same
impassive manner. Grave they were. but
none Of them appeared in the least ex-
cited. Evelyn ThaW herself looked as II
she had passed a wretched night. She
was paier than usual, and her eyes looked
as If she might have been weeping.
| District Attorney Jerome and Assistant
District Attorney GaFyan were in their
usual places, as also were all Of the pris-
oners counsel
Jurors Asked for Evidence.
AS soon as the jurors had answered TO
their Names Justice Fitzgerald consulted
a memorandum and said that the jury
had Informed him that they wished TO
have the wiz and eodicil Of Thaw, to-
lgether with the letter he wrote to Anthony
Comstock and the various letters he
wrote to Lawyer Longfellow and others,
all of which We're read at the trial. The
jury further desired 10 inspect the dis
triet attorneys diagram of the roof of
Madison Square Garden. and 10 have read
to them the testimony of certain wit
nesses. Neither the prosecution nor the
deferse had ans objection to make to the
granting of these requests.
we do not staed to have the originals
OF these various documents. your honor. %
said Foreman Smith. provided we can
have copi that are faithful"
| Typewritten copies were duly produced,
lit being conceded that these would per-
haps be better on account OF the illegibiIity
Of Thaw's handwriting Then Foreman
Smith spoke to Court Captain Lynch,
chief Of the squad that guards the jury.
and he whispered something in Justice
Fitzgerald's ear. The judge at once said
that he was informed that the jury
wished to have the testimony of Meyer
Cohen read to them.
Cohen was one Of the prosecutions wit
nesses who described the shooting of
White by Thsw.
Thaw Advises Counsel.
as there any objection?" asked the
judge
Thaw turned to Mr. Delmas, who was
sitting close by him and whispered ner-
lvously: 1--WE 40 objecton-certainly not
no objection"
The next moment he whispered the same
thing TO Lawyer Peabody. who sat on the
lother side OF him. lawyer O'Reiliy had
IalTeady told the court that there Vas no
objection TO having the testimony read to
the jury. II was accordingly read by Mr..
Moynihan, the court stenographer. MF,
Moynihan possesses a voice invaluable TOT
this particular purpose IL is what the
music critics would call strong. clear
Iorgan. and II il lacks a sympathetic
all -
justice.
While the reading was going on Thaw
borrowed a pencil from Lawyer Peabody
land scribbled this sentence on piece Of
paper. which he had lawyer O'Reiily
pass around among The reporters;
81 wish they had sixty-fouF other letters
OF the deceased.
Defendant Makes Statement.
This evidently referred to the letter
from Stanford White to some person he
addressed as May Dear, a letter which
was yesterday printed at the instance OF
the Thaw counsel. Mr.. jerome having in
his address to the jury made a point OF
the fact that the defense had not read to
the jury any Of the White letters in their
possession. Later the defendant gave
tout this written statement:
4 am told 1t is impossible 10 tell what
any jury will do. 50 I am attending 20 my
ordinary affairs. but preparing for the
best. as 1t is simpler to unpack my things
III necessary than it would be TO return
here for them If the verdict IS favorable.
4 had "a very good cold bath. The bath
room is always filled with fresh air in the
/ early morning. The same temperature as
/ outdoors. Next ] fad weak coffee and
rolls as usual. These details have interest
for us as they are often misstated.
The jury was not satisfied with the tes-
timOny OF Cohen alone. Apparently they
wanted toe testimony of everybody who
told what happened when the shooting
] took place. for in succession they asked.
through Foreman Smith. for the testi-
mOny of Henry +. Blaese. the music
publisher; Paul Brud, the fireman who
was on duty that night on the roof garden
and who disarmed Thaw after the shoot
ing and Warner Paxton. the engineer to
whom Brudi turned Thaw over after nc
had disaTmed him.
jerome Keeps Tab.
stenographer Moynihan read all this
testimony. District Attorney Jerome keep
ing careful tabs from his own copy Of the
testimony and now and then making "A
slight correction. Thaw looked more
nervous still when Justice Fitzgerald
consulted his memorandum again and an
nounced that the jury wished to hear
what James Ciinch Smith, the brother-in-
law of Stanford White, with whom Thaw
talked Just before the shooting, had testi-
fed
II had been the general belief that the
testimony Of Mr.. Smith hit harder at tho
brain-storm theory than that of any other
/ witness. He it was who said that Thaw
talked to him Of the advantage of buying
Copper stocks, of the comforts and dis
comforts of sea travel, and offered to III
troduce him to a ''buxom brunette"
1t took Moynihan some time to wade
through all the Smith testimony. When
he had finished the jury wanted TO hear
what the various doormen at the Ten
derloin police station had testified to
about Thaws manner and statements
That testimony, therefore. was also read
including that Of the policeman who said
that Thaw looked to him ike a "dOpey
man, or like a man who had been drinking
a good deal.
There was pause. after which Juror
| Wilbur +. Steele leaned over from his
place ia the back row and spoke to Fore
man Smith. The foreman then said the
jury wanted to near the testimony OF
Doorman Lynch. who had said that Thaw
had told him that ne heard the voices
of young girls. who. he thought. were
locked up in the station-house
EveIyn's Testimony Read.
The testimony of Evelyn Nesbit Thaw
relating 10 what happened on the roof
was next requested and read. as far as
the passage where she said TO her hus-
/ band:
His manner was natural and composed