The Montgomery advertiser., 1907-02-10
NEXT MgvE
 IN TIAW CASE De1maI Has Difficult ~ Obstacle. EFFORT TO INTRODUCE WILL Will Lay Broader Foundation For
 Insanity Plea. Jerome is Thought to Have Abandoned Idea of summoning Chorus Girls
 to Controvert Girl wife's
 Evidence.

New York, Feb. 9-Doubt and specu- lation exist tonight as to just what course the defense will take in the case of Harry Thaw when the trial IS resumed before Justice Fitzgerald in the criminal branch of the Supreme Court on Monday morning.
 When court adjourned Friday it was the intention of Mir. Delmas. who now is in absolute command of the defense, again to place Mrs. Evelyn Nesbit Thaw on the stand to continue the narration of the story upon which the prisoners life depends.
 District Attorney Jerome protested against any further "defamation of the dead" just before the Friday ad- journment was taken and was upheld by Judge Fitzgerald in his contention that broader foundation for insan- ity should be laid before the loose tattie of the tenderloin" should be spread upon the records. The District Attorneys reference was to the ques- ton Mir. Delmas had put to Mrs. Thaw as to whether she and her husband had discussed together "the fate of other girls at the hands of Stanford White.'
 The courts ruling that tho insanity of the defendant has not yet been suf- fieiently established to sadmit of the bringing in of further details of his wife's testimony, may result in tenn porary change in the line of evidence The course to be pursued Monday de-, bends greatly upon the attitude of District Attorney Jerome, who declared he could have offered legitimate objec- tion to Mrs. 'Thaws testimony at che very outset on the ground that the alleged insanity of tho defendant had not been established, but had refrain ed from so doing because of the fact that he knew the testimony as to her relevations to Harry Thaw must come out some time.
 If MT, Jerome persists on Monday morning in his objection to the line of examination indicated by Mr. Delmas' question as to stories concerning young women other than the wife of the de- fendant. the prosecuting officer will be asked Temporarily to excuse Mrs. Thaw to permit of the tnfroducti tien Of geyis dence in accord with Justice Fitzger- aids ruling.
 As MT. Jerome probably will be glad of the delay before he takes up the difficult task of cross examining the young wife, he is expected to consent
 In that event Mir. Delmas will first attempt to get in evidence Harry Thaw's will which was ruled out on Friday because the many interlinea- tions in '"rhis somewhat cumbersome document" as Mir. Jerome referred to it. had not been sufficiently proved.
 Introduction of VIII.
 This will consist of about sixty pares. some closely typewritten and others in the large handwriting of the defendant. Justice Fitzgerald held that he will must be shown to have been In it's present condition when 1t was signed.
 one of the witnesses to the instru- ment. a Miss Pearce. who was put upon tho stand for a few moments yester- dav declared she had not read the will at the time of witnessing Harry Thaw'S signature to it. Harry Thaw sug% gested that the witness be asked it some of the writing in the Will had not been done in her presence Sh@ xeplied that there was considerable writing being done but she could nos remember what 1t was
 Mir. Delmas Is very anxious to have this will go in evidence, believing 1t will go further than any other docu- mentary proof he eau produce to show inc affect Evelyn Nesbit's story of her treatment at the hands of Stanford White had upon the mind of the de- fendant. Although counsel deny that the information is altogether accurate. 1t leaked out today that one or the nroxisions :n Harry Thaw's will Is the sotting aside of the sum of $50,00o for the prosecution of all persons who nav he concerned in case of the death .of inc testator by violence The prob ahle instigator of the anticipated act oT ,,,olence Is said to be revealed in the provisions. ,,, '.
 Another paragraph in the will: It is reported made provision TOT lunu for the benefit of the young woman who inc will declared, suffered treat mnnt at the hands of the dead archi- tnct similar to that of his wife. The renort concerning the will even goes so fa- as to say that the names of Mir Whites alleged victims are in- cinded in the clause of the will relat- ing to this subject
 MT. Delmas. it is said, may call to tbe stand on Monday an attorney from pittsburg who will be asked as to inc interlineaations made in the will and is expected to prove they were nut thre as the testament was signed. Failing to show that each one of the interlineations can be remembered by tho witness. Mir. Delmas will offer the oodicil to the will which Is in the de- fendanfs own handwriting without interlineations.
 Cut Out Evelyn's Mother.
 Mrs. Evelyn Nesbit Thaw also sign ed a will on the night of the wedding and it Is believed that in 1t she car rNnd out her husbands stipulation +hat none of her relatives, save her hrother. should have any of his money. Several of Thaw's unusual and dis connected letters introduced in evi- dence have frequently referred to his detarmination that Evelyn's mother shou,d not have any share in his prop ertv whatsoever. In the event of hls wife.s death the property should re- ,,ert to the William ,chGw estate.
 If the will is finally admitted In evil dence Mir. Delmas may then recall Mrs. Evelyn Thaw to finish her nar- ratIvc, MT. Thaw's counsel do not | iiIte the idea of tlie Interruption to her story continuing over any consid- orable duration O. time. Should MT. Jerome again protest, the several sIienists employed by the defense oth- CT than Dr. Wiley. will be placed upon the stand
 They would be shown Harry Thaw's l bte pd hig vii aud