Albuquerque morning journal., 1907-02-12
COMPLETION or MRS. THAW'S
TESTIMONY GOES OVER

( COMPLETION on MRS. THAW'S
TESTIMONY GOES OVER
New York. Feb. 1.-THE opening
oI the fourth week of the Thaw trial
| brought a new order of things in the
court room, and all women. other
than the half dozen active newspaper
writer's. who have followed the case
/ from the beginning. were barred by
! Justice Fitzgerald As "a result of this
ruling of the court there were sev-
eral rows of vacant seats when ThaN
was called to the bar. The prisoner
walked To his seat at the counsel ta-
bic without a single friendly nod to
greet him. No member of his fam
! lily was in court.
That the defense would proceed
with the struggle to have Thaw's will
accepted in evidence as testimony to
show the unsoundness of his mind
was shown when Delmas asked that
j. d. Lyon be called as the first wit
ness. Mr. Lyon testified that he had
been engaged in the banking business
for quarter of century. and is
now connected with the Union Ma
tional bank. Mr.. Jerome objected to
the defense proceeding with the ex-
animation of the new witness while
the testimony of Mrs. Thaw remain
ed uncompleted. He thought the Ge,
Tense should offer some explanation
of its purpose in interrupting Mrs
ThaW'S testimony. Mr.. DelmaS stated
that he considered that enough evi-
dence had been introduced to estab-
lish a prima facie case Of unsounG
mind, and he had interrupted Mrs
Thaw's testimony the better to con
vince the district attorney of this un.
soundnesS.
Mr.. Delmas asked that Lyon mere,
~ be allowed to identify the envelope
and the package CHE wilD it con-
tained, and Mr.. Jerome finally with
drew his objection, and the witness
Identified the package as having been
in his possession from some time
near April L. 1906, until the latter
part of November, 1906. Attorney J.
3. Gleason, who has had charge OF
Thaw's papers since the tragedy. was
the next witness. He said the enveI>
ope containing the will was in his pos,
session since December If, 1906, when
he received it by mail from Pittsburg
Absolutely no change had been made
in the document since then.
Mrs ThaW was then recalled. Mr..
DelmaS again aSke4- ,,s.,tIs
produce the note which Mrs. ThaN
passed her husband al the Cafe Mar
tin on the night of the tragedy. Mr
Jerome sent for the note and offered
no objection to its being introduced In
evidence Mr. Delmas read IT, as fol-
.ows:
The b---- was here a minute ago,
but went ont again.
Mrs. ThaW said D. meant
blackboard" and referred to stan
ford White. Mrs. Thaw was asked il
she ever knew of her husbands car
r,ing a pistol She replied she had
known of IT sometime after Christ
mas eve. 1903, but never knew of his
carrying a pistol anywhere except in
New York Mr.. jerome objected to
several questions asked by Mr.. Del
mas. and in each instance Justice
Fitzgerald sustained the objection
Finally Mr. Delmas asked If he was
to understand that the courts rul-
ings on specific questions was to indi-
cate that no further questions along
the line of conversation between the
witness and the defendant were to pt
allowed.
The court has gone as fully into
The matter as it Desires said Judge
FITZGERALD. Mr.. Delmas changed the
nature of his questions, but Mr.. Jer-
ONE stil objected on the broad
ground that some alienist should
show that Harry Thaw was of un-
sound mind at the time of the occur
rences covered by questions OF coun-
sci and that the stories told to him
might have affected his mind in the
way counsel desired to indicate, ThS
Judge sustained all the objections.
Delmas then announced that as the
courts rulings prevented him from
going into these matters because or
lack. of preliminary foundation ne
would ask leave to withdraw the VIII
ness for the time being and proceed
along other lines Mr. jerome agreed
to the temporary Withdrawn OF lhe
witness and a recess was taken. AS
the courts rulings are all based upon
the Judges right to use his discretion
as to the order in which proof must
be offered, and do not go into the
subject matter of the questions If the
defense is able to make prtma faeie
case of mental unsoundness at the
time of the shooting or prior thereto.
then 1t is understood that the eVl.
dence which has been excluded VIII
be admissible.
When the afternoon session began
Mr. Delmas proceeded at once with
the Introduction Of medical testimony
as to Thaw's condition of mind, call
ing first to the stand DR.. Charles
Wagner superintendent Of the state
hospital for the insane at Bingham
ton. n. Y.
DR.. Wagner, after outlining his ex-
perience as an alienist, said he had
visited the defendant i'm the Tombs
six times, the last time October g.
Said the doctor:
con the first visit / talked with
him, but did not make a thorough eX-
animation. | observed that he was
suspicious, reticent and apprehensive'
He was fearful that he would be de-
clared insane. After general con-
versation ] made an arrangement Tor
a future visit. which led to second
examination. on September 10 | went
TO the Tombs with DR.. Evans, OF the
insane hospital at Morris Plains, n, d.
for the purpose of making thorough
examination"
What did YOU observe on this see
ond "isit?"
''Mr. Thaw was brought in, and we
had ust stated the object of our visit
when Mr.. Thaw turned on his heel
and abruptly left the room. notwith-
standing that It was understood plain
w beforehand that we were there to
examine him"
Justice Fitzgerald. on motion oi
District Attorney Jerome, ordered
that all of the answer after the words
room" ETC. be stricken out.
Mr.. Jerome admonished the witness
that "no conversations were wanted.
and the court directed him to relate
only what he observed.
Mr.. Delmas and Mr. jerome had a