Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-09
REmARKABLE DOCUMENT.
Defense is Dumfounded at Provisions
Of Thaw's Will

NEW YORK, February 0.-Harry Kendall
Thaw's will, one of the most remarkable
ana fantastic teStaments ever compiled,
characterized by counsel for the defense as
looking like the tail of a schoolboy's kite"
will probably go further toward bringing
about his acquittM Of the killing OF Stan
ford White than anything else in this cele-
brated case with the possible exception Of
the dramatic and pitiful story told by his
wife, Evelyn Nesbit Thaw.
Slight reference was made In court yes
terday to this voluminous and strangely
worded document, which was signed and
witnessed, and therefore became a legal
paper, on the very eve of the wedding of
Harry Thaw to Evelyn Nesbit, at Lynn
hurst, in the early part Of 1905.
Annexed to the WILL which District Attor-
ney Jerome fought SO bitterly to prevent it's
being permitted evidence in the case be-
cause OF Its unquestionable relevancy to the
contention of the defense that Harry Thaw
was justified in Staying Stanford White,
was codcil that was made and signed
within an hour after the minister had pro-
nounced the young couple husband and
wife.
Little wonder that District Attorney Je-
rome made such a determined effort to pre-
vent this paper falling into the hands of
the jury as evidence, for its provisions give
to the layman a better conception of the
state OF this young mans brain than all
the testimony by word Of mouth that could
De produced. 1t showed that two years
ago-eiShteen months or more before ThaW
shot Stanford White to death-it was his
apprehension that Stanford White intended
to have his life. Moreover, and thoroughly
consistent with the story by Evelyn Nesbit
Thaw, the codicil deals with the information
ThaW had concerning Whites destruction
OF g1rlish innocence. and mentions the names
OF several young women, chorus girls and
others, who had fallen victims of White in
Nesbit
Because Of the objection to the introduce
ton Of the will. which had only been
marked for Identification, only counsel for
the defense know the full contents thereof.
Mr.. Jerome's knowledge of the provisions
Is from swift glance over the verbose
paper. Before Evelyn Nesbit Thaw con-
finues her wonderful story on Monday
morning the question as to the validity of
this document will be determined. For this
purpose David N. Carvalho, the handwrit-
ing expert and several other witnesses
have been subpoenaed to testify.
Last night the contents were discovered
however. Appended is a partial list of the
requests made therein:
To Evelyn Nesbit Thaw, my beloved
wife, give and bequeath the entire sum Of
my income with the exception of the be-
quests hereinafter provided for. the same
to revert upon her demise to the William
Thaw estate.
l hereby direct the trustees appointed in
this. my last will and testament, to set
aside fund Of $4,000 for the purpose of
for my death, providing that 1t shall not
be clearly established that / died from
natural causes: Ut Is not stated in this
part of the will, which is designated at
clause 8. that Thaw expected that Stan
ford White would be the medium of his
DEATH. but it is clearly established in the
codicil annexed thereto that Stanford
White is the man whom he feared would
kill him.
For Howard Nesbit. brother of my be-
loved wife. l direct that fund be set aside
hvY frryo
charge. sufficient for his education and
maintenance until he becomes Of age.
The codicil, to quote the exact legal YER
btage Of which would be unwise because Of
the numerous names of young women Of
prominence not yet mentioned in the case
provides that a fund Of SIS, 600 be set asiue
in the custody of his trustees for the care
protection and maintenance Of the young
women whose names are mentioned, who
according to his belief and UNDERSTANDING
were wronged by Stanford White in the
same manner as Evelyn Nesbit Thaw.
Coincident with the facts as set forth in
Harry X. Thaw's WILL attention Is called
by counsel for the defense to the parallel
extracts contained in the letters Harry K.
Thaw had written to his lawyer, Mr.. Long.
fellow, Of the firm Of Longfe1low g. Della
field, in 1903. two years before the execu-
ton OF the will. which are now In evidence
in the case. One Of these extracts is as
follows:
A Great Surprise.
'If die or am killed she Evelyn Nesbit
Thaw) Is unlikely to live to twenty-one.
Her wrecked mother must not benefit vast
ly. Can her family be cut of? I should
provide especially for her brother, but that
is set aside from the important. point Of
law"
A witness to the Thaw trial yesterday
was Miss Frances B. Pearce Miss Pearce,
a middle-aged woman. who wears eye
glasses, was in Pittsburg at the time OF
the Thaw wedding. She had long been a
friend of the Thaws, and was called upon to
witness the signing Of the Will.
A mild sensation was caused at the latter
end Of the Thaw trial yesterday when Mr..
Delmas, with the will in his hand, evidenced
that he proposed to introduce the document,
which, UP to that time. had never been
heard of in the case, but little did those out
side Of the counsel railing realize the vast
importance of this document.
There was more than mild sensation
upon the elevated platform upon which Dis
trict Attorney Jerome and his assistant, Mr.
Garvan, stand when the paper was sprung
1t fell upon the prosecutors like thunder
bolt.
Miss Pearce, in reply to questions put by
Mr.. Delmas, said that she had been asked
to witness the signing of the will She iden-
titled her signature to the document, and
then Mr.. Jerome asked what was done the
night the viii was signed.
II was asked to sign it as witness and
to witness the signatures of Others and I
did so"
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