Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1907-02-12

making an earnest protest against
any further defamation of the dead"
MIR. Delmas had asked the witness:
After you told Mr.. Thaw what hap.
pened between Stanford White and
you in 1901, did you ever have any
conversation with him in which he
told you what happened to other
young girls who had met similar
fate at the hands of that MANI"
What man." interrupted Mr..
Jerome.
why, Stanford White" replied Mr..
Delmas in loud tone; who else?"
Il appeal to your honor" said the
district attorney, that this has gone
far enough. Are there no limits to
which the defamation of the dead may
go? The prosecution has no chance
to controvert one word of this testi.
mony, and Stanford White is dead"
Your honor" replied Mr.. Delmas,
I'VE contend that in proving the state
ment of this mans mind, we have the
undoubted right to introduce evidence
which tends to show that fresh fuel
was added to the fire in things the
defendant heard from other sources.
We will produce documentary evidence
executed by Thaw himself showing
his condition. l have no more desire
to defame the dead than the living,
and l believe my conduct of this ex-
animation has shown this. l have no
desire to say one word against the
memory Of Stanford White that my
duty does not compel me to say. My
duty is to the living"
To this Mr.. Jerome replied: $50
far we have not the slightest evidence
in this case to show that the defen-
dant was ever of unsound mind in his
life. / submit that this Is matter
which comes well within the discretion
of the court. If there is evidence of
the insanity of the defendant it should
be introduced now, before this loose
tattle of the Tenderloin goes on; tat
tie that under the law we are not al.
lowed to controvert."
Court Takes a Hand.
Justice Fitzgerald then took hand,
saying:
IF the court has any discretion in
this matter it is anxious to exercise it.
The suggestion of the district attorney
seems good one. would suggest
that this is the proper time for the in
PRODUCTION of the evidence counsel re-
fers to-"
Justice Fitzgerald then explained to
the jury the provision of the law,
which, in cases where insanity is
pleaded as defense, prevents the
prosecution from controverting any
statements which have been made to
this effect, whether true or not.
Mr. Delmas then began the intro
duction of number of papers and
documents.
Among several papers handed to
the witness to identify was Harry
Thaw's will, in which he is said to
have left all his property to his wife.
Mrs. Thaw identified the hand-writ-
ing of the defendant on the papers.
Mr.. jerome went over the papers with
the witness in whispers, the two bend
ing their heads low together over the
desk to the right of the witness chair,
A full half hour was consumed in
the examination of the papers, which
finally were formally marked as exhi.
bits
Mrs. Thaw was then excused tenn
porarily, to allow Miss Frances e.
Pierce to be called to identify her sig
nature as witness to the papers.
When Mrs. Thaw left the court room
the door by which she usually makes
her exit was blocked with people, and
she had to wait until the officer drove
the crowd out.
1t developed from Miss Pierce's ties.
timony that one of the papers under
discussion was the will of Evelyn
Thaw.
Miss Pierce was asked to identify
her signature as witness to Harry
Thaw's will, which was executed the
day of his wedding, April a, 1905.
Justice Fitzgerald ruled Harry
Thaw's will out of the evidence at
this time on account of all the hand.
writing and interlineations not having
been proved.
After Miss Pierce was withdrawn
Mrs. Thaw was recalled and was still
on the stand when adjournment was
taken at $40 until Monday, when she
will be called again.