Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-09
THAW'S WILL MAY
co TO THE JURY


Barrymore, and said, If kids like you get
married what would you have to 1--we on?
meet my mother she would ask me II In
tended to marry that little pup Barrymore,
saying Mr.. White was afraid would.
''Mr. White then came to see me, and
said would be very foolish to marry Mr..
Barrymore: we would have nothing to live
on. would probably quarrel and got di-
vorce. He also said Mr.. Barrymore was
little bit crazy, that his father was In an
insane asylum. and he thought the whole
family was touched He was certain Mr..
Barrymore would be crazy in q few years.
and for that reason said I ought not to
marry him.
Mr.. Barrymore asked me q second time
II would marry him. and again said I
don't know and laughed. The upshot OF
the whole matter was that Mr.. White came
and said I ought to be sent to school, and
I was"
Protest Against "other Girls"
At this stage Of the trial one Of its most
dramatic features occurred. District At
torney Jerome arising and making an earn
est protest against ANY further defama-
ton Of the dead"
Mr. Delmas asked the witness:
After you told MI. Thaw what happened
between Stanford White and yon in 1901,
did you ever have any conversation with
him in which he told you what happened
to other young girls who had met similar
fate at the hands Of that MANI"
What MANI" interrupted Mr.. jerome.
why Stanford White replied Mr.. Del
mas in a loud tone, ''who else?''
trict attorney. that this has gone far
enough. Are there no limits to which the
defamation of the dead may go? The prose-
cution has no chance to controvert one
word of this testimony, and Stanford White
is dead"
Your honor" replied Mr.. Delmas, I'VE
contend that in proving the state Of this
mans mind We have the undoubted right
to introduce evidence which tends to show
that fresh fuel was added to the IRE In
things this defendant heard from other
sources. We will produce documentary evil
dence executed by Thaw himself showing
his condition. have no more desire to de-
fame the dead than the living. and be-
lieve my conduct of this examination has
shown this I have no desire to say one
White that my duty does not compel me to
say. My duty is to the living"
To this Mr.. Jerome replied:
$50 far we have not the slightest evil
dence in this case to show that the de-
PENDANT was ever Of unsound mind in his
life. I submit that this is a matter which
comes well within the discretion OF the
court. If there Is evidence of the in
sanity of the defendant it should be intro
duced how before this loose tattle of the
Tenderoin goes on-tattle that under the
law We are not allowed to controvert.'
Cannot Be Controverted.
Justice Fitzgerald then took a hand, say
ing:
'If the court has any discretion in this
matter it Is anxious to exercise it. The
suggestion of the district attorney seems a
good one. I would suggest that this Is the
proper time for the introduction Of the evi-
dence counsel refers to-
Justice Fitzgerald then explained to the
jury the provision Of the law which, in
cases where insanity Is pleaded as de-
Tense, prevents the prosecution from con-
troyerting any statements which have been
made to the defendant, whether they be
true or false.
Mr.. Delmas then began the Introduction
of a number Of papers and documents.
Among several papers handed to the wit
which he is said to have left all his prop
erty to his wife. pas
Mrs. Thaw identified the handwriting of
the defendant on the papers. Mr.. Jerome
whispers, the two bending their heads low
together over the desk to the right of the
witness chair.
A full half hour was consumed in the
examination of the papers. which finally
were formally marked as exhibits.
Mrs. Thaw was then excused temporarily
to allow Miss Frances E. Pierce to be called
to Identify her signature as a witness to
the papers. When Mrs. Thaw left the court
room the door by which she usually makes
her exit was blocked with people and she
had to walt until the officers drove the
crowd out.
One Was Evelyn's Will.
It developed from Miss Pierce's testimony
that one Of the papers under discussion was
the Win OF Evelyn Thaw. Both wills were
executed on April 4. 1905. the day Of Harry
Thaw's marriage in Pittsburg.
Miss Pierce identified her signature and
said on cross-examination that she did not
know whether all the matter in the wills
introduced was In them when she appended
her name. She was simply asked to wit
ness the signatures Of, Harry Kendall Thaw
and Evelyn Nesbft Thaw, and did SO.
And this reference to Stanford White;
you don't know whether 1t was In the paper
at the time you signed 1t or not?" said
Mr.. Jerome.
"No, sir"
Mr.. Jerome declared the wills had many
interlineations, additions. etc, In various
handwritings.
He thought all these changes should be
proved before the papers were received in
axyfIn