Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-02-20
District Attorney PaveS Way
for Showing Truth or FaISity
of Story of Star Witness for
the Defense,
OPPOSING COUNSEL
FREQUENTLY CLASH
Jerome's Reluctance to Cross
Examine Lends Color to Be-
lief He Intends Applying for
LunaCy Commission,

IBy Morning journal Special Leased Wire.l
New York, Feb 19.-Mrs. Evelyn
Nesbit Thaw today entered on the or
deal of her cross-eXamination and be-
lore District Attorney Jerome had
had the witness ir charge for half an
hour he had secured from the court d
ruling which apparently opens the way
for bringing into the trial of all
manner of evidence which may tend
to disCredit the defendants Wife
heretofore it 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 tod it to her husband
was the one essential point. Mrs
Thaw has been allowed TO repeat the
story that the jury might judge as to
its effect in unbalancing the mind 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. Thaw's story. He
asked the witness:
WAS the story you told ThaW
true?"
1T was she replied firmly.
sci, objected strongly to the question
but Justice Fitzgerald held it to be
competent as tending to show the
credibility of the witness. Whether Mr.
Jerome intends to take advantage cl
the ruling in an ATTEMPT to throw
doubt on the truth of the story. ol
whether Justice Fitzgerald intended
his ruling to cover the whole subject
of Mrs. Thaw's evidence, the future
conduct of the case alone can deter
mine. Mr.. Delmas will continue Il
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 a wide one and Justice FitZgcr-
aid early today indicated that he
would be liberal in his Interpretation
of the rules.
He. allowed Mr. Jerome to secure
from Mrs. j. j. Caine of Boston. q
friend of Mrs. Thaw. who took the
witness stand during the morning ses-
sion, many material points as to the
movements of Harry Thaw and Evelyn
Nesbit following their return from Eu-
rope in 1904, including the published
incident of their being elected from
the hotel Cumberland in this city
the proprietor insisting that they
should register as man and wife OF
leave their suites which adjoined. In
bringing out these facts, Mr.. Jerome
denied that he was attacking Mrs
Thaw, and said he was simply testing
the credibility of Mrs. Caine.
The district attorney seemed reluc-
tant to begin the cross-eXamination OF
Mrs. Thaw today, desiring to have the
matter postponed until Thursday
morning in order that he might deter
mine whether or not a further eXam-
nation of the witness was necessary
on the issues involved in the case.
after | have looked further into
the matter ] may decide to cross-eX-
anime Mrs. Thaw," Mr.. Jerome said
to the court, cor | may waive my
right If when all the testimony as to
the insanity Of this defendant is in
shall be honestly Of the opinion that
was committed. | do not propose TO
take up the time of this court and
this jury in contending."
Mr.. Delmas here interrupted. He
wanted to know If the district attor-
ney meant that if he was honestly
convinced that Thaw was insane when
he shot Stanford White he would
abandon the prosecution.
II promise nothing" retorted the
prosecutor.
A wordy conflict ensued during
which Mr.. Jerome hinted at broken
condolences and evasion of stipula-
tions. He declared that he did not
wish to humiiate the witness with a
cross examination which he might
deem unnecessary,
However, If | am forced to do 1t, s
will" said Mr.. Jerome. with some-
thing of a menace in his tone.
You may proceed" replied Mr..
Delmas.
Mrs. Thaw moved a bit nervously.
and awaited Mr.. JerOme's opening
question. They had to do with her
signatures to certain papers, some of
which the prosecutor declared were
receipts for money Mrs. Thaw had
drawn from the Mercantile Trust COM
pany in 1902, $25 week Mr.. Delmas
protested against these statements and
noted an exception. Mrs. Thaw said
she was not sure that all of the sig
natures were her own--they looked
very much like her writing. she adj
ded Who provided the money at the
Mercantile Trust company was not de-
veloped.
Mrs. Thaw's confidence grew as the
cross-examinatiOn went on and she
was always ready with answers. Mr.,
Jerome. under the plea of testing her
credibiity. was allowed to ask many
pertinent questions. He wanted 10
know when she first heard that she
had been named as correspondent in
the George w. Lederer divorce case.
Mr.. Delmas quickly protested. Mrs.
Thaw whispered something in his ear
and the attorney withdrew his OBJ
lection.
"I read Of It in the newspapers.
said the witness. when Mr.. Jerome re-
peated the question.
The prosecutor sought to show that
Mrs. Thaw had gone to Abraham
Hummel for advice with regard to the
divorce proceedings, but was halted