Evening journal., 1907-02-09

the objection until a groundwork had been
made TO build up this line Of testimony
Thaw Will in Evidence.
Judge Delmas, at this point pro-
duced the will of Harry X. Thaw. The
win was shown TO Mrs. Evelyn Thaw
and she Identified the signatures and
handwriting which appeared in the
document as her husbands handwriting
Mrs. Thaw very carefully went over the
many pages with District Attorney Je-
rome, which took some time.
After the viii had been Identified by
Mrs. Thaw she was excused for a few
moments ! norder that Miss Frances
r. Pearce could be called. Miss Pearce
testified that she was I'm Pittsburg at
the Thaw wedding in April, 1905. Miss
Pearce identified her signature to the
will.
Miss 'Pearce. under cross -examina-
tion, said she was a resident Of Phila-
delphia.
Continuing, the witness said she went
TO Pittsburg to attend the wedding and
that she signed the will at Mr.. Thaw's
request. She also signed as a witness
to the viii Of Mrs. Evelyn Nesbit Thaw.
The viii Of Mrs. Thaw was then mark
ed for Identification. She said she saw
Mr. and Mrs Harry Kendall Thaw
sign both Wills.
Judge Delmas offered Harry Thaw'
Will in evidence. but District Attorney
Jerome objected. saying that only the
last page contained the signature Of
Miss Pcarce and there was no proof to
show that the other pages of the will
had been written at the same time.
Judge Fitzgerald sustained the OBJ
! lection.
Judge Delmas then offered the last
page in evidence.
Jerome objected. Justice Fitzgerald
sustained the objection.
1--WE now offer the fourth page sign
ed by the defendant and this witness
without the interlneatoins," said
Judge Delmas.
Il object" Std District Attorney Je-
rome. Il submit TO your honor that
there is nothing IN this will to show
any evidence Of unsound mind"
Justice Fitzgerald again sustained
the objection.
A lengthy argument between counsel
over the admissability in evidence of
the will followed when Delmas an
nounced that he would reserve the
right to produce the viii in evidence
lated. Miss Pearce was then excused
and Mrs Harry Thaw then took the
stand again.
Did Mr.. Thaw often discuss with
you up to the time Of June 25 last the
cate OF other young girls at Mr. Whites
hands and what was Mr.. Thaw's state
Of mind?'
Il object" said Mr.. Jerome. "The
question is leading"
objection sustained"
did Mr.. Thaw mention any girls
names who had suffered the same fate
as you did at Mr. Whites hands?"
"Yes."
what did he say" asked Delmas.
"I again object" said Jerome.
There should be some testimony
from the family physician to show
| that the defendant suffered from some
unsoundness Of mind. The dragging in
here of these tales OF the Tenderloin.
which cannot be controverted undei
the law. should not be spread upon ;hc
records until some proof is offered that
the defendant suffered from mental un-
soundness."
Nothing has been brought out here 70
show that Thaw was insane for your own
allenist will doubtless admit that Dr
Wiley was not competent to testify. We
stand here Just as we did the frse day
and submit evidence should be developed
to show the defendants mental unsound
ness
Delmas said that, If necessary, tho de
Tense gould lay a broader foundation foi
this testimony. but as counsel. witnesses
and court were doubtless very tired, hs
would suggest an adjournment until Mon.
| day.
District Attorney Jerome consented.
Justice Fitzgerald excused Mrs. ThaV
from the witness stand and adjourned
court until Monday morning.
II Isl ilSey that Mrs. Thaw will not con.
tinue her direct testimony on Monday, but
that the alienlsts viii be called TO testify
to Thaw's mental condition at the tim,
Of the shooting.