The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-02-10
THAWS WILL MAY
GET IN BEFORE
WIFE PROCEEDS
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almost without interruption for two days
and there is no sign of the climax, the
moment when the attorneys for the de-
Tense will turn her over to the tender
mercies of the district attorney for ex-
animation.
The district attorney has a difficult
problem to face in this cross-examination.
With the truth or falsity of the stories
the witness has testified she told her
husband he has nothing to do The state
ment that she told him these things Mr..
jerome cannot possibly disapprove.
Stumble In Story.
His strongest chance in cross-examina-
ton is to make her stumble in the story
as she has told 1t with the gentle guidance
of her husbands attorney. or admit tell
ing him other things about her past life
which would tend to minimize In his mind
the effect of the story of her relations
with Stafford White.
He can introduce evidence IL he has
1t. generally affecting her creditability as
witness. but as for the main statements
in her testimony, the stories which made
heard in a court in this city, Stanford
| White himself, If he were alive, could not
go on the witness stand and deny them.
The principal in the case is not as to the
truth of these stories, but as to their eff
feet on Thaw's mind.
This fact was impressed on the jury yes
terday when the court, at the request of
the district attorney, informed the jury
that under the law the prosecution could
not introduce evidence with the object of
dsproving any statement that Evelyn
Nesbit Thaw has made except the state
ment that she told her husband all the
things she has testified to.
That Mr.. Jerome will strenuously object
to the further Introduction of what he
termed 'tattlings of the Tenderloin,"
was plainly shown yesterday, when he
claimed, and was sustained by the court,
that as yet there has been no evidence to
show that Thaw is now or ever was in
sane. and that until this was shown any
| more of these stories would be entirely
immaterial.
This ruling may bar any other stories
that Evelyn Thaw may have to tell until
such time as 1t has been shown that there
is a reasonable doubt as to the proper
balance of Thaws mind at the time OF
shooting. If this is done the floodgates
are likely to open for the admission of al
most anything that Thaw may have told
his wife or she told him, that he heard
in any other way that to any extent might
have contributed to the unbalancing of
his mind.
Several attempts were made yesterday
to show that Thaw was of unsound mind.
but the district attorney was successful
| in blocking them for the time being.
Thaw's attorney stated last night that
Mrs Thaw would again assume the
stand Monday morning on direct exam
| nation, but as to what she would testify
! they were not prepared to state
| Mrs. Thaw appeared yesterday In the
same costume she wore the day before
| Her testimony was not so interesting or
| SO convincing, for she was direct in her
manner of speaking and more dramatic
in her delivery. Many observers thought
| abe ala not mako as favorable an iln-