Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-02-20
District Attorney PayeS Way
for Showing Truth or FaIsity
Of Story of Star Witness for
the Defense,
OPPOSING COUNSEL
FREQUENTLY CLASH
Jerone'S Reluctance to Cross
Examine Lends Color to Be
lief He InteQdS Applying for
Lunacy ComiSSion

| lBy Morning Journal Special Leased Wire J
New York Feb. l9.-Mrs Evelyn
NeSbit ThaW today entered 'on the or
/ deal of her cross-eNamnation and be
fore District Attorney Jerome had
had the witness in charge FOR half an
/ hour he had secured from the court a
Irulng which apparently opens the way
for bringing into the trial Of an
manner of evidence which may tend
10 diScredit the defendants wife.
heretofore ii has been he-d that the
rules of evidence protected young Mrs.
ThaW and that regardless Of whether
her story was true or false. the fact
that she had told il TO her husband
was the one essential point. Mrs.
rhaW has been allowed to repeat the
story that the jury might judge as to
it's effect in unbalancing the mipd of
the man on trial for the murder Of
Stanford White.
Mr.. Jerome by a simple question
opened the way for the Introduction
of testimony tending to show the truth
or falsity Of Mrs. ThaWs story. He
asked the witness:
WAS the story you told Thaw
uue?'
1T was, she replied hlmlN.
Alr. Dclmas ThaW' leading Coun-
sell objected strongly to the question,
but Justice Fitzgerald held it TO be
competent as tending to show the
Crcdibility of the witness Whether Mi.
Jerome intends to take advantage oil
The ruling in an attempt to throw
doubt on the truth of the story. or
whether Justice Fitzgerald intended
his ruling to cover the Who!e subject
4f ha n mr.
conduct of the case alone can deter
mine. Mr.. Delmas viii continue to
fight with constant objections the in
PRODUCTION OF any testimony as to
events in the young Woman's life, but
the subject of the credibility of wit
ness is wide one and Justice Fitzgci
aid early today indicated that he
would be liberal in his Interpretation
Of the rules.
He allowed Mr.. Jerome to secur4
from Mrs j j Cainc Of Boston, a
friend of Mrs. Thaw. who took the [
witness stand during the morning ses- +!
sion, many material points as to the |
of Harry Thaw and Evelyn /
Nesbit following their return from Eu- /
rope in 1904, including the published !
Incident of their being elected from /
he hotel Cumberland i'm this city
he proprietor insisting that they |
should register as man and wife or
cave their suites which adjoined. In
out these facts, Mr.. Jerome
lenied that he was attacking Mrs.
FhaW. and said he was simply testing /
he credibility of Mrs. Caine.
The district, attorney seemed reluc-
ant to begin the crosse examination of
Irs. Thaw today, desiring to have the
natter postponed until Thursday
morning in order that he might deter
nine whether or not a further exam
safHFFt
IN the issues involved in the case.
after / have looked further into
he matter ] may decide To crOss-eN-
mine Mrs ThaW." MT. jerome said
d the court cor / may waive my
light. If when am the testimony as to
he insanity Of this defendant is in l
hail be honestly of the opinion that
vas committed. I do not propose to
AXE up the time of this court and
his jury i'm contendng'
Mr.. Dclmas here Interrupted. He
wanted to know III the district attor-
ey meant that If he was honestly
onvinced that ThaW was insane when
e shot Stanford White he would
bandon the prosecution.
81 promise nothing" retOrted tho
PROSECUTOR.
A wordy conflict eneued during
-hiCh Mr. Jerome limited a broken |
onddences and evasion Of stipula-
ions He declared that he did not
-ish TO humiliate the witness with .
which he might
eem unnecessary.
However. if I ann forced to do IT, 5
.uI said Mr.. Jerome. with some
ming of a menace i'm his tone
You may proceed" replied Mr !
,eImes.
Mrs. Thaw moved a bit nervously. n