Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-02-09
1HANS 5 CRAZY Will
1O b OFFERED
Effort to Be Made to Intro
duce 1t as Evidence OH
Monday
JEROME HAS A HARD TASK
Law Does Not Permit State to Combat
Stories Of Relations Of Thaw's and
White, as Told by Evelyn Nesbit-
Mrs. Thaw to Go on Stand Again
Monday, But "Tattlinss" Are Halted.

New York, Feb. 9.-It is expected
!, that Delmas, of counsel for larry K.
Thaw, will make vigorous Ssffort on
Monday to introduce Thaw's will in
evidence. 1t is said to be a remarkable
document, and is be1leved to be strong
iy relied upon by Delmas to show the
effect upon Thaw of the stories related
to him by Evelyn Nesbit. 1t Is said to
have been written on loose sheets of
paper, partly typewriter and partly in
Handwriting with many interlinea-
tions.
According to report today, the will
is expected to show Thaw feared as
sassination, and that in it he ordered
that the sum Of $4,000 be devoted to
prosecution Of the assassin, or inves-
tigation of his anticipated assassin.
Among other provisions is one setting
aside the fund of $4,000 for the care
of women whom he believed to have
suffered thru Stanford White. The
names OF these women are reported to
s,s given in the will. 1t Is also report
ed the will contains provision for the
education Of Howard Nesbit and Mrs.
Thaw's mother, and that allowance Is
made for the care of Evelyn's mother
during her life. The income from the
remainder of the estate is bequeathed
to Evelyn.
The Thaw will is dated April 4, 1906.
Counsel for Thaw today not only de-
clined to make public the text of the
will but declared that the alleged pro-
visions in it made public, were mac
curate.
The report was published here today
that large fund had been collected in
the city to clear Whites reputation by
the injury inflicted by the story of Mrs.
Evelyn Thaw. The story lacks con-
firmation. Another report published,
declared that Thaw will be put on the
witness stand in his own behalf, to
testify that since his wife told him her
story, as related in the court, he had
been visited by visions, which warned
him that his wife's life was in danger
from White. This report is also un-
verified.
Jerome Has Hard Task.
The nature of Jerome's cross-exam-
ination of Evelyn Thaw, was the prin-
cipal subject Of the discussion today.
The district attorney has a difficult
problem to face. With the truth or
falsity Of the stories the witness has
testified that she told her husband, he
has nothing to do. The state
ment that she told him these
things jerome cannot possibly
disprove. His strongest chance in the
cross examination is to make her
stumble in the story as she has told
it with the gentle guidance of her hus-
bands attorneys, or to compel her to
admit telling him other things about
her past life which would tend to min
1mize in his mind the effect of the story
Of her relations with White. He can
Introduce evidence, if he has it, gen.
orally affecting her credibility as a
witness but as for the main state
ments in her testimony-the stories
which made her recital perhaps the
most striking ever heard in a court
IN this city-White himself, if he were
alive, could not go on the witness
stand and deny them. The point in
the case is not as to the truth of these
stories but as to their effect on Thaw's
mind.
This fact was impressed on the jury
yesterday, when the court, at the re-
quest Of Jerome, informed the jury
that under the law, the prosecution
could not introduce evidence with the
oEsect of disproving any statement that
Mrs. Thaw has made, except the state
ment that she told her husband all
the things she has testified to.
No More "TenderIoin TattIings."
That Jerome will strenuously object
10 further introduction of what he
termed the "tattlings of the tenderloin,"
was plainly shown late yesterday, when
he claimed, AM. was sustained by the
court. that as yet there has been no
evidence to show that Thaw is now, or
ever was, insane, and that until
this was shown. any more of these
stories would be entirely immaterial.
This ruling by the court may bar any
other stories that Evelyn Thaw may
have to tell until such time as 1t has
been shown there is reasonable
doubt as to the proper balance or
Thaw's mind at the time of the shoot
ing. II this is done then the flood
gates are likely to open for the admis-
sion OF almost anything that Thaw
may have told his wife or she told
him. or that he heard in any other way,
that to any extent might have con-
tributed to unbalancing his mind.
Thaw's attorneys stated last night
that Mrs Thaw would again assume
the stand Monday morning on direct
examination, but to what she would
testify they are not prepared to state
Mrs Thaw appeared yesterday in the
same costume she wore the day be-
fore Her testimony was not so inter-
esting or so convincing, for she was
less direct in her manner of speaking
anA moro dramatic In her delivery.