Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1907-02-11
THAW Will
IDENTIFIED
PROVEN TsAT DOCUMENT HAD
NOT BEEN CHANGED SINCE
SIGNATURES WERE MADE.
RS.THAW RECALLED
Defendant Never Carried Pistol when
outsi6s New Work. Further Esi-
oenee Of insanity tnsrocueed.

the fourth week Of the Thaw trial
brought a new order of things In the
court room and all women other than
halt dozen active newspaper writers
who followed the case since the begin
ming were barred by order OF Justice
Fitzgerald As a resnlt there were sew.
Ieral rows of vacant seats when Thaw
vac called 10 the bar The prisoner
walked 10 his seat ut the counsel table
without a single friendly nod To greet
him. No member Of his family was In
court That the defense would pro-
coed with the struggle to have Thaw's
will accepted In evidence as testimony
to show unsoundness of mind was In
dlcated by Delmas. who asked that j.
ID Lyon be called az the first witness
Lyon testified that he had been en-
gagged 10 the banking business for a
aAd8 e&t w u 1FtAS1As @Aa SO hO" @@n
nec,ed with the Union National bank.
Jerome objected 10 the defense pro.
ceeding with the new witness while
the examination of Mrs. Thaw was not
complete. He thought the defense
should offer some explanation of its
purpose In interrupting Mrs. Thaw's
Testimony. Delmas stated that he con-
sidered enough evidence had been I'm.
troduced 90 establish a prima faeie
case OF unsoundness of mind and he
interrupted Mrs. Thaw's testimony tn
better satisfy the district attorney Of
This unsoundness. -
nelnras asked that I.yan merely be
''sasIa~ed~to identity thd aenwaope and
package twin II contained. Jerome
finally withdrew his objection and the
witness identified the package as hav
Ing been In his possession from some.
time near April !, 1906. until the latter
part Oh sNDNeIlUBF, l5ub.
Attorney ]. d. Gleason. who has had
charge of Thaw's papers since the
tragedy was the next witness, He said
the envelope containing the will was
In his possession since December II.
1906. when he received II by mail from
Putsburg. Absolutely no change had
been made In the document since then.
Mrs. Thaw was then recalled. Del
mas again asked Jerome to produce
the note which Mrs. Thaw passed to
her husband In the Cafe Martin on
the night OF the tragedy. Jerome sent
for the note and offered no objection
to Its being introduced In evidence
Delmas read 1t as follows:
The b was here minute ago.
but went out again."
Mrs. Thaw said "B" meant ''black-
guard" and referred to Stanford
White
Mrs. Thaw was asked II she ever
knew OF her husband carrying pistol.
She replied she had known OF It some
time after Christmas eve. 1903, but
never knew of his carrying a pistol
anywhere except in New York. Jer-
ONE objected to several questions ask
ed by Delmas and in each Instance
Justice Fitzgerald sustained the objec-
ton. Finally Delmas asked II he was
to understand that the courts ruling
on specific questions was to indicate
that no further questions along the
line of conversation between the wit
ness and defendant were to be allowed,
THE court has gone as fully into the
matter as 1t desires" said the Judge.
Delmas changed the nature Of his
questions. but Jerome still objected on
the broad ground that some alien'st
should show Harry Thaw was OF I'M
sound mind at the time OF the occur
renee covered by the question OF couh-
Sci and that stories told him might
lhave affected his mind as counsel de,
sired to indicate.
The Judge sustained all the objec'
tons.
Delmas then announced that as the
courts rulings prevented him from
going into these matters because of a
lack OF preliminary foundation he
would ask leave to withdraw the wit
ness for the time being, and proceed
along other lines. Jerome agreed tt
the temporary withdrawal and recess
was taken. As the courts rulings arr
all based upon judges right to us'