The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-02-22

we are going to Schweitzer (cheese) land.
| When we return my voice is going to be
cultivated. Be good and whirl me another
| letter soon. Your letters are wonderful.
I have got-(mentionng a name not made
public)-all worked up about you. so send
| along another photograph if it is a good
| one. You must come over soon.
| Mr.. Jerome then went back to the sub
ject of the money deposited in a trust
company by Stanford White for the bene-
| fit of the witness which was brought out
yesterday Mr. Jerome wanted to know
| at what date he deposited the first sum.
This was in 1901 and preceding the fund
established in the Mercantile Trust COM
pany.
Mrs Thaw said she could not tell the
date.
Things She Doesn't Know.
q don't like to state things that [ am
not sure about" she protested with a
frown, looking Mr.. Jerome full in the
! face.
Z don't want you to-" replied Mr.. Je-
rome in kindly voice.
| I'm certain letters Stanford White wrote
you, didn't he demonstrate with you in
regard to the extravagances?
Justice Fitzgerald upheld Mr.. Delmas'
objection, saying the letters should be
produced.
Mr.. Jerome turned to Mr.. Delmas.
II demand that you produce certain
letters written by Stanford White to
Evelyn Nesbit
! II have no such letters
Mr.. Delmas arose as he spoke. II refer
to counsel in general" said Mr.. Jerome.
| II never heard of the letters until Mrs.
Thaw testified they were written to her
while in Paris. If they are the property
of some one else 1 cannot produce them "
! well settle this said Mr.. Jerome
sharply He turned to Clifford M. Hart
ridge, who sat at Thaw's counsel table.
"Wl you take the stand?'
Hartrdge Sworn.
| Mrs. Thaw was temporarily excused and
Mr.. Hartridge was sworn.
What is your occupation?" asked Mr..
jerome.
Attorney" replied Mr.. Hartridge.
"You represent the DEFENDANT
yes"
'Have you in your possession letters
written by Stanford White TO Evelyn Mes
bit?"
II decline to answer
"On what grounds?'
81 decline to answer"
'sWhy?"
Il am the attorney of record in this
case, and decline to give-t the district at
torney any information for that reason"
you decline on account of professional
privilege?"
yes"
"Do you know Dolphin NJ. Delmas?"
Eyes"
Have you shown him any papers in
this case?''
Mr. Jerome argued that as the letters
were tie property not of the defendant
but of the witness. the right of profess
sional privilege did not cover them.
Delmas' Sensation.
1t was here that Mr.. DeImas sprung a
| genuine sensation. This witness is rep
resented by counsel. She has had occa-
sion to retain counsel because of certain
threats made against her"
What threats and where, by whom and
to whom?' demanded Mr. Jerome.
Attorney O'Rellly whispered to Mr.. Del
mas, who then said
Threats overheard in this court room.
Threats that it is your purpose to indict
this Witness
"There has been no such statement
made in court" replied Mr.. jerome.
calmly.
you are Mrs. Thaw's attorney also%'
asked Mr. Jerome of Mr.. Hartridge.
| yes"
Have you any OF her papers?'
yes"
Given to you by her or the defendant.
whichY'
Mr.. Hartridge declined to answer son
the ground of professional relations with
Mrs. Thaw
IF Mrs Thaw releases you from that
privilege and consent to their production
here, will you produce them?"
81 cannot answer that here L would
have to speak with Mrs. Thaw and coun-
sci.
You mean" broke in Justice Fitzger-
aid, that you cannot tell at this time
what you would do?'
IL Eyes"
do you know DIR. Allen Mclean Ham,
ilton?" asked Mr.. Jerome.
Eyes"
"Have you in your office any report
from him.
Same answer for same reason replied
| Mr.. Hartrdge.
At this point Mr.. Hartridge was ex-
cused and luncheon recess taken.
Afternoon Session.
When court assembled after luncheon
recess Mr. Jerome stated that there were
two witnesses in the jurisdiction of the
court who were about to leave the state.
AS their testimony was of great i'm
portance to the case of the people he
asked that he be allowed to examine
them at once. Those witnesses were DIR.
Deemar and DR.. Bingaman.
Mr.. Hartridge stated that the witnesses
had agreed to answer at any time that
they might be needed
object very seriously 10 having the
cross examination of Mrs. Thaw inter-
rupted" he said. She was under a great
strain and it is unfair to continue it any
longer than necessary
Her cross examination will not be fin
ished for at least day and a half" said
the district attorney
DIR. Deemar and DR.. Blngaman were
called to the stand to be questioned as to
the probability of their being in court
| when wanted.
After a brief conference Justice Fitz-
gerald announced he would hold court
fit of the two physicians who are anxious
tees.
Mrs Evelyn Nesbit Thaw was then re-
called to the stand.
; Mrs. Thaw Recalled.
J Did YOU tell Mr.. Delmas about the
| subsequent incidents with Stanford White
before this trial began" asked Mr., Je
rome.
Yes"
Have you any objections to the let
tiers written you by Stanford White being
produced here?'
mo"
Mr.. Jerome turned to TIartridge. 'Youl
client has waived her right; will you lie
me have the letters?'
As far as | am concerned. yes. If Mrs
Thaw wants them
Mr.. Jerome directed his assistant Mr.
! Caravan, to have a subpoena issued FOL
Mr.. Partridge and the letters.
In the meantime he asked Mrs. Thav
II she was still in love with Thaw a