The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1907-02-12
WIFE OF DEFENDANT SAYS HE
ONLY CARRIED A REVOLVER
WHEN IN NEW YORK.
WOMAN STEPS ASIDE FOR A TIME
INTRODUCTION OF EXPERT TES-
TiMONY ON PRISONERS IN
SANITY RESUMED.

New York, Feb. 12.-After an inter-
esting but not sensational morning
session of less than two hours dura.
ton it was agreed by counsel engaged
in the trial of Harry X. Thaw that
Mrs. Evelyn Nesbit Thaw, the wife of
the defendant, should definitely step
aside for the time being to permit of
the introduction of competent testi-
mony tending to show the alleged un-
sound condition of the prisoners
mind.
This action was taken after repeat
ed objections by District Attorney Je-
rome to further questioning of the
witness as to conversations between
her and the defendant concerning
Stanford White had been sustained
by the court and Justice Fitzgerald
had intimated that counsel should fol-
low the spirit of his rulings as laid
down in specific instances.
Mr.. Jerome objected on the broad
ground that the testimony of Mrs.
Thaw had gone far enough without
better foundation Of insanity on the
part Of the defendant being laid Mr..
Delmas then asked that an early
luncheon recess be taken in order
that he might prepare for the intro
duction of the evidence desired by
the district attorney and the court
granted the request. ..
Thaw's Will Is Identified.
The recall of Mrs. Thaw to the
stand followed the testimony of J. D.
Lyon, vice president of the Union
National bank of Pittsburg, who de-
clared he had had possession of Harry
Thaw's will until November, 1906, and
the testimony of John B. Gleason, of
Thaw's counsel, who, when sworn as
q witness, said that he received by
mail from Pittsburg on Dec. II, 1906,
the will in question. Mr.. Jerome at
first objected to the interruption of
the testimony of Mrs. Evelyn Thaw,
but he finally consented and in the
end said he would admit that the will
received by Mr.. Lyon prior to April
l, 1906, and held by him till Novem-
Der last passed directly to Mr.. Glea-
son, who testified that there had been
no changes made in it. The offer Of
the will as evidence, however, was
withheld from the jury by the defend
ants counsel.
Mrs. Thaw was permitted to tell but
little because of objections Of Mr.
Jerome. She did, however, declare
that ThaW only carried a revolver
while in New York city. One of the
few bits of testimony Mrs. Thaw was
allowed to give was regarding the
note she passed to her husband at
dinner in the Cafe Martin the night Of
the tragedy. Mr.. Jerome agreed to
produce the slip of paper, which has
been held by him. 1t was identified
by Mrs. Thaw and read by Mr.. Del
mas as follows:
Referred to Stanford White.
"The D. was here minute ago,
but went out again."
The OBJ meant the "blackguard,"
Mrs. Thaw said, and referred to Stan.
ford White.
The exact contents of this note had
been much discussed since the killing
of Mr.. White.
Mrs. ThaW was asked to detail a
conversation she and Thaw had in
1904 as to the fate Of the girl known
as 1.-THE Pie Girl" but she was not
allowed to do so. Mr.. Jerome contin-
ued to block all questions of this char
acter and said he would pursue such
course until proper evidence as to
Thaw's insanity had been submitted.
When the afternoon session began
at 2 o'clock Mr.. Delmas proceeded at
once with the introduction of medical
testimony as to Thaw's condition of
mind, calling first to the stand DR..
Charles Wagner, superintendent of
the state hospital for the insane at
Binghampton, N. Y. DR.. Wagner said
when he first examined Thaw in the
Tombs the latter was suspicious and
feared he would be declared insane.
During the examination of DR.. Wag-
ner District Attorney Jerome fire.
quently objected to the questions
asked by Thaw's attorney and very
slow progress was made in examin-
Ing the witness Jeromes objections
were generally sustained by the court.
Answering hypothetical question
asked by Mr.. Delmas DR.. Wagner said
that Thaw did not know his act was