Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-03-07
IHAW CASE

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Continued from page H.
ended Mrs. Thaw had regained her com.
posure and was able to proceed.
She said that when Harry come home
IN 1903 he seemed depressed and APP
parently had lost interest in life. He
passed sleepless nights, would often
leave the table. at meals and go into the
parlor to play the piano, his music grow
ing softer and softer until it finally died
away. She told in motherly way of
her solicitude for her boy.
He told me wicked man, probably
the wickedest man in all New York,
had ruined his life =
1t was not until some time after he
had offered this explanation that she
learned the story of the young woman
who was to become her daughter-in-
law. Mrs. Thaw told of her son break
ing down at a church in Pittsburg be-
cause the young woman he loved could
not be at his side. Mrs. Thaw told Of
her coming to New York to meet Evelyn
Nesbit and of giving her consent to her
sons marriage, one condition being that
the girls past life in New York should
be a closed book.
Then came the story of the marri-
age in Pittsburg in April, 1905, the
honeymoon trip and a happy, placid
summer at the mothers country home.
Delmas ended her testimony abruptly.
The district attorney was taken by sur
prise and began to cross examine Mrs.
ThaW in a very low voice. He asked
about the conditions surrounding the
increase in her sons allowance, but
Delmas obi ected. He asked what the
sons income amounted TO- Mrs. Thaw
said it was moderate and nothing like
the sum the newspapers have so often
reported. y.
jerome asked the mother what she
knew Of her sons relations with Miss
Nesbit before she became his wife. 81
Nothing, she replied without hes
itancy.
The district attorney seemed bafded
and speedily brought his cross examina-
tion to a close.
Mrs. Thaw's story was deeply impress
i've in its simplicity and brevity. Her
anxiety to go on and tell more added
inr11easurably to the meaning Of her
presence as witness
@ The half-flled court room listened al
most with GREATNESS interest to each
word and there was general sigh Of
relief when Mr.. Jerome announced that
his examination was ended.
IL Harry Thaw's fate is thrown into
the hands Of the twelve men in the jury
box who today heard the mothers story,
there seems little doubt bur that what
she said will carry wonderful weight
with it. 81 b.
But jerome gave the impression that
he might use the mothers testimony as
weakening in another direction in his
fight to have commission appointed to
test the present state Of mind of defend
ant. 5s54
While the elder Mrs Thaw was on
the stand the district attorney engaged
in a wordy war with Delmas, during
which he uttered publicly for the first
! y. ~ S.g5 y
time the threat of a lunacy commission.
Delmas was invading the presumption
of law that Thaw, if declared insane in
1908, remained insane in 1904. This
was to enable Mrs. Thaw to state con-
versations with her son during the lat
ter year These conversations were adj
I inissible only on the ground that they
we're utterances Of person mentally
Irresponsible. Jerome said there was
no reason why the assumption should
not continue down to the present, and
Eft Delmas' point was wei taken, the
trial should be suspended and COM
mission appointed. Jerome added that
he was merely suggesting the aIterna-
< y >ri
tive Of a commission for the sake Of arr
gtin1ent. Justice Fitzgerald upheld Del
mas opposition and said the question of
commission was not before the court.
With the exception Of Mrs. William
Thaws testimony Deimas announced
they would call but two more Witnesses.
experts who will be asked newly
framed hypothetical question covering
the entire case.
Az The end Of Mrs, Tha's examination
court adjourned Until Friday morning,
d death IN Justice FitzgeraId's family
causing an abandonment Of tHe Thurs
day sitting.