Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-03-11
sion at any time letters written by the
defendant to Ethel Thomas?' asked


insanity of the defendant. Jerome
contended that If he was not allowed
to go into the matters prior to l9o3
all the evidence relating to matters
before that time introduced by the
defense, must be stricken out, ant
this Delmas agreed to- but when Jer-
ONE said that this would cause ths
Hypothetical question to be stricken ou
as well, he withdrew his consent. Del
mas here objected to further question
ing of the witness as to the Ethe
Thomas suit on the broad ground tha'
Longfellow at the time was acting az
Thaw's counsel.
"Of course" said Jerome. "if yot
are going to plead professional PRIV.
ilege as bar, cannot go ahead. Bu'
1 thought that counsel. in the interest,"
of truth, might waive-
"Your honor" interrupted Delmas
sin defending man for his life, nave
no right or power to waive anything,
Jerome next asked Longfellow if ne
was telephoned to in 1904 by Evelyl
Thaw. from the office of Abraham
II. Hum1nel.
Delmas again objected, but later
withdrew his objection.
Witness said that she had tele-
phoned him several times.
..Did any of the conversations relate
to affidavits ?"
Delmas then renewed his objection
and an argument ensued. justice
Fitzgerald ruled the witness must an
swer whether or not his conversations
over the telephone with Evelyn had to
do with the affidavit.
"They did not" said Longfellow pos
itively
Jerome showed the witness a photo
graphic copy of a portion of the Hum :
mel affidavit, and another document,
and asked:
Did she ever deliver to wou paper
subscribed to by her, the contents OF
which were the same as the photogra-
phic copy I have shown you?'
Delmas objected
Did she ever deliver to you a paper
which she had subscribed to?" asked
jerome.
Yes, but you must understand that
am not referring to the paper you
handed me. I make no reference to
that whatever"
what did you do with that paper?"
II handed it to the present counsel in
the case"
"When?"
"In February"
Jerome here demanded from Thaw's
lawyers a production of the paper.
Delmas hotly retorted that Longfellow
had delivered to the ecounsel no paper
similar in any way to the one in ques-
ton.
II prefer to take the statement of the
witness" said Jerome; she's under
OATH
That is an unnecessarily insulting
remark" said Delmas; you will find
by interrogating the witness that he did
not deliver any such paper to us"
did Evelyn Nesbit Thaw ever give
you a document signed by herself in
the form of an affidavit?' asked Jer-
ONE.
Not to my knowledge" replied wit
ness. .To the best of my knowledge.
I never saw that paper before and
know nothing about it."
Police Officers Called.
After this Longfellow was excused,
Coroner's Physician Timothy Leblanc
was recalled. He was examined by
District Attorney Garvan. He
said he examined Whites body.
did you find powder marks on the
face?"
Delmas objected Garvan said the
testimony was to contradict Mrs.
Thaw's statement that Thaw stood
twelve feet from White when he fired.
Justice Fitzgerald allowed the question.
There were powder marks on the
face"
Police Officer Dennis Wright was
called to testify as to conversations he
had with T1aw the night of his arrest
Witness said:
when was in Madison avenue, 1
saw Thaw sI asked him what the
trouble was. He said that he wanted
me to take him away from the crowd,
to take him to the station house, and
when we were in Fifth avenue some
person unknown asked me if I knew
the prisoner or what he had DONE I
said l did not. asked the defendant If
he knew what he had done, and he said
yes. asked him if he knew who it
was he killed. He said he would say
until he reached the station
house. He asked me for light, Of
fered me a cigar, and then wanted to
take a cab to the station, but would
not agree"
Were his actions rational or ira
Rational"
Police Sergent David Mccarthy, who
woe 1,1{yy Cd
night Thaw was arrested, next tes-
tilted. He said that Thaw had de-
scribed himself as John Smith, S3
years of age, white, born in the United
States, and student, residing at 13
Lafayette Square. Washington, D. C. I
asked him why he had shot" contin-
ued Mccarthy, land he said: I think
I had better not say anything at
present. s"
Were his actions rational or ira
tional?"
Rational"
Delmas began his cross examination
by asking:
"You have stated all the conversa-
tion you had with the defendant"
yes"
TT took about as long as it has taken
you to tell it?"
"a little longer; perhaps three times
as long"
did you make a record of it?"
yes"
do you remember seeing Daniel
o'Reilly, the learned counsellor, that
evening""
"Not at that time"