New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-02-12

first. There was long argument on this poiat
Justice Fitzgerald upheld Mr. Jeromes contention
but 3ir Demas explained thar Mr.. Lyon desired
70 return TO Pttsburg soon possb!" Mr.
jerome then withdrew his objection. and the Wit
ness allowed - continue.
Mr.. Lyon said he kept the envelope in his pos
session. in safe deposit vault until November
last. Mir. jerome wanted To know whether he had
any letters written by 1'hav The witness said he
had. District Attorney Jerome asked 10 see them
after considerable argument it finally decid;H
that Ar Lyon send the letters from Pittsburg, SO
that Mr.. jerome could learn their contents.
MR. GLEASON a WITNESS.
The fight to have the will and codcn introduced
in evidence continued by the calling Of John
B. Gleason. one OF Thaw's counsel Mr. Gleason
testified TO having received the will and codici on
December H. 1906. He said they received in
their original condition. in the sealed envelope He
swore that they had been changed in any way
since that time.
It finally decided that tho VIII and codicil
would he admitted in evidence when they had been
properly substantisted. Both the prosecution and
the defence agreed to this procedure.
MRS. EVELYN THAW RECALLED.
Mrs. Evelyn Nesbit Thaw then recalled to
the witness stand. She had little opportunity to
continue her story. Mr. Jerome raised objection
after objection and cut short her testimony. Mr..
DemaS asked the witness:
q.-You have testified, madam, in Your former
testimony. that upon the evening Of June "a last
Sfer having calIea for pencil You yroie Some ne
Ioms up2n sip 81 paper Then Tas s"t l9s9
At this point counsel for the defence requested
the prosecution produce the note. Mr.. Jerome
sent q messenger for il ard then It marked
Exhibit o. After Mrs. Thaw had identified tho
note the one she had written it placed in
evidence. Mr.. Delmas read the note:
The b here minute ago but went OUT
l., ,,,ro,-..io, -,,d.~, f,o+,.o,-- ,..,-,ois
and your husband who vas thr p9rsoa designated
that the word 'blackguard' which occurs IN these
Q ske it that hat 5 Tss an a6brerlsjton of
that word? A-Ycs
Mr. Delmas then asked;
Did you ever hear Mr. Tha7, refer 10 any threat
made by Stanford White against his life and 10 his
apprehension of danger his life MS hands,?
Mr.. Jerome immediately objected Then followed
q long argument. Nj DeImas tried n several
ways 10 get a reply 70 the question, but the court
finally ruled against kim.
THAw CARRIED PISTOL. ONLY IN CITY.
Mr. Delmas then asked
Q-Dld you ever see pistol in Mr.. Thaw's pos
Q,-When for the first time? Al don't exactly
was after Christmas Eve. 1903
CIT was after Christmas Eve, 1893? A.-Yes,
.Q.-,Do you know whether Mr. Thaw carried that
pistol anywhere except when he in New; York;
,@ $40 Is o that You don't know: or that YOU do
a pistol but in New York
Q.-The name Of Miss May Mackenzie has been
frequently mentioned in the course Of these pro,
ceedings. and l viii ask you how long you have
v 2Pq you ever s% tat, qPythng to Nj Thaw
Miss NAY Mackeazie at TIM time When A She mas Ss If
in hospital aud when Mr.. stanford White was
present? A.-Yes.
told her husband was baked by the District At
torneys objections sustained by Justice Ft4ceraId
Mr. Delmas dropped the question and asket.
Q,-When, please state. TIKI last proposal
which you accepted and which was followed b tha
marriage: ! am merely calling for date. ana
tth Of April 1908. A-Yes sir, '' moi ''O '' ''''
Q-ua'Y0u had refused. as YOU have testified
soc Fhe Tine 9 S S2n 4s . r. course have at
# YOUR am 2Ss { Wbe WIN Vas rbai TO the date
last proposal, that you did accept? About Apru
l, 1905.
A document consisting Of two typewrltten pages
was handed Mrs Thaw for Identification She
identified them. but they were not introduced as
eyidenca. Adjournment then taken.
ALIENIST CALLED To STAND.
At the afternoon session Dr. Charles g. Wagner
Of the expert aenists for tie defence,
called. He is the superintendent of the State Asy
Ium FOR the Insane at Binghamton. =. Y His ex-
animation gave rise to long argument At the
outset Counsel for the defence tried have placed
on the record tho experts opinion on the mental
condition Of Thaw when Dr. Wagner saw him IN
tie Tombs in August and September, after the
shooting. Mr. jerome contended that the testfnon,
should he confined first to the condition OF th,
Defendants mind the time o. the commission
OF the Justice Fitzgerald supported his con
tention. After examining the witness with rapard
to his visual observations OF Thaw on each Of bis
six visits TO the defendant, NJ. Demas put long
Hypothetical question
long HYPOTHETICAL QUESTION
This question began with review Of tho vayj
Gus diseases the defendant had suffered while a
child. 1t stated that "he had beer subject 10 St
Nitus's dance for n period of some weeks tba+
his maternal uncle insane and that in 1901