Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-02-09

me to say My duty is to the living -
To this Mr.. Jerome replied:
so FAR we have not the slightest
evidence To show that the defendant
was ever of unsound mind in his life.
| submit that this is matter which
! comes well within the discretion of
the court. II there is evidence of the
1 insanity of the defendant, il should be
I introduced now. before this loose tat
/ tie of the tenderloin goes on: tales
that under the law we are not al
lowed to controvert"
Justice Fitzgerald said.
''If the court has any discretion in
this matter 1t IS anxious to exercise it,
The suggestion of the district attorney
seems a good one. | would suggest
that this is the proper time for the
introduction of the evidence referred
to-"
Mr.. Delmas then introduced a num-
Der of papers.
Among several handed to the wit
ness 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 handwrit-
ing of the defendant on the papers.
Mr. Jerome went over them with the
witness in whispers.
Mrs. Thaw then was excused. tenn
porarily to allow Miss Frances T..
Peirce to be called to testify to her
signature as a witness to the papers.
II developed from Miss Peirce's tes-
timony that one of these papers was
the will Of Evelyn Thaw. Both Wills
were executed the day of Harry
Thaw's marriage in Pittsburg.
Miss Peirce said on cross -eXamina-
tion she did not know whether all the
n
she appended her name. She simply
witnessed the signatures of Thaw and
his wife
"And this reference to Stanford
White: you don't know whether 1t was
in the paper at the time you signed it
or not?" said Mr.. Jerome
mo. sir"
''Mr. Jerome declared that the Wills
had many interlineations, additions,
etc, in various handwritings. He
thought all these changes should be
proved before the papers We're re-
ceived in evidence.
Justice Fitzgerald upheld the OBJ
lection and ruled the wills out
Justice Fitzgerald raised the rule
that as the will was to be used to
show the unsound mind of the de-
fendant It must be positively shown
that it was in the same condition as
when signed.
He repeatedly sustained Mr.. Jer-
ONES objections.
Mr. Delmas, stating he was not pre-
pared TO offer further evidence upon
the wills then. had Mrs Thaw re-
called and asked her again if Mr..
Thaw had constantly discussed with
her up to June 8. 1906, the fate of
other young girls. similar to your fate
with Stanford White?p and asked if
i'll those discussions the defendants
manner was rational or irrational.
Mr.. Jerome objected To the question
as leading, and was sustained
Did Mr. Thaw discuss with you
the fate Of any one?"
Yes"
Did he mention the names of one
or more young girls?"
Here Mr., jerome said he must again
object upon the ground that this tes-
timony was permissible only as tend
ing to prove insanity. and as vet there
was no evidence that the defendant
Is or was insane. Mr. jerome said
there seemed to be "no end Of these
tenderloin tales brought here to
smudge the memory u him Who Is
dead"
IF we have not been showing in
sanity of this defendant ever since
NtStefudN morning, Wndt nave we
been doing?' asked Mr.. Delmas.
''As to the remarks of the learned
district attorney regarding gossip of
the tenderloin. | am unable to UNDER
stand his meaning, but | suppose he
refers to some disreputable section of
the citv | can only say. sir. If you
had accented the will which this de-
fendant signed upon the night of his
wedding and the codicil in his oNn
would understand what
an impression these stories made on
his mind"
"If the court feels that II is neces-
sary for us to lay a broader founda-
tion. we will proceed to do so as soon
as possible. In the meantime | will
ask that adjournment now be taken
until Monday morning"
The adjournment was ordered at
$40.
Thaw's counsel stated that Mrs. /
Thaw will again take the stand on
Monday.