Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-02-14
Said She Wants to Go on Witness
Stand and Deny Parts OF
Daughters Evidence.
SOME FEARS OF A MlSTRlAL.
Jerome studying tho VIII, and lie
May Not Object To Its In
PRODUCTION.

New York. Feb. 14.-Bccause of the
serious illness OF Mrs. Joseph b. Bolton,
wife OF a Juror, there Ia some fear that
there viii be u mistrisl in the Thaw
case. Mrs. Bolton, who Is 80 years OK
age, is suffering from double pneumonla
and is now passing through the crisis
of the disease. Her physician cannot
hold out any positive hope for her re-
covery, Juror Bolton. IL man well ad-
yanced In years, is anxious to hnisn
his duty in the Thaw case, but with MS
wife's life in the balance and he sep
arated from her, the strain may result
in his own breakdown. Her death Woulu
certainly delay the trial and might IN
capacitate him from further service.
The illness of Mrs. Bolton caused
nostponement OF the trial yesterday
morning and last night Juror Bottom III
company with another juror ana Dep
MY, made a. visit to his home ana re-
NAMED 10 minutes. Announcements
have been made to keep him informed
by telephone Of any decided chanse
In the condition OF his wife
A lingering illness and then the deatn
of Mrs Bolton it was stated today,
would mean such a long delay IN inc
trial that Justice Fitzgerald might teel
It necessary 10 order another panel Tor
the tedious work OF selecting new
Jury Thaw was much cast down yes
terday when he learned that Juror
Bottoms wife was so i'll that Il long de-
Law and a dismissal OF the present jury
nigh follow. Lawyer Peabody, VINO
has been his close personal adviser All
during the trial. had hard time calm
ing him. -,
a a y,
and theu after 4 chat with his wife IN
the Tombs. he regained his composure
and sat down TO his evening meal WITH
q fairly good appetite.
Ii Mrs Bottoms condition warrants
1t and the trial is resumed today, Harry
Thaw's will, the document in which.
1t Is said, he provides fund of $4,000
for the prosecution of his slayer IN
case he should die a violent death, and
the codicil to that within which 1t is
said that he makes provision for fund
of s75, 900 for the benefit of several
young women whose names are sup
posed to be in the document and
whom he believed to have been victims
of Stanford White--will be again Of
fered in evidence.
After court adjourned yesterday the
will was turned over TO Dist. Atty.
Jerome, that he might study 1t and de-
eide whether or not he would object
10 it's admission. II he does today's
session, If called, will be largely de-
voted to argument AS to the admissi-
hility of the document; II he does not,
Evelyn Nesbit Thaw will be called to
the stand to continue her testimony.
which was interrupted for the purpose
OF allowing the experts to tell of Thaw's
mental condition.
From the present indications Dist.
Atty. Jerome will press the case of the
examinations to be passed, those of
Evelyn Nesbit Thaw, DR.. 6. Wagner
and DIR. Britton ID. Evans. He Will
wait until the last minute TO cross
examine these witnesses and will then
add TO what he succeeds in getting from
them the evidence of his own experts
and his own witnesses in rebuttal. JUST
what the nature OF his rebuttal will be
II is now impossible to say. Ii the de-
Tense gives him leeway, as they have
offered to do, he will without doubt
attempt TO show that the story which
Evelyn Nesbit Thaw has told, and
twill tell on the stand is not true on
dts aspects. That he VIII try to dis
credit the testimony of Mrs. Thaw
there seems no question. Unless the
defense let's down the bars Mr.. Jerome
will not be oblo to get this testimony
before the jury. That he Is preparing
for such course there is no doubt as his
detectives have searched New 1ork
night after night looking for the people
whose names did not get into the record
of the case, but which were whispered
TO him by Mrs. Thaw.
Mr.. Jerome also talked last night with
the witnesses for the defense who have
been called 10 testify as TO alleged in
sanity in the collateral branches OF the
Thaw family. This was done with the
object OF saving time TO the jury.
Mr. Jerome. having no knowledge of
what these witnesses would tell when
called 10 the stand, would, he said, be
obliged to interpose all the technical
objections possible. even though the
testimony as II finally came out would
hot be objectionable.
For this reason he, with representa-
tiyes OF Thaw's counsel, last night eX-
amined these witnesses, and II was the
opinion OF both sides that there would
be an agreement as to what they might
soy on the stand which prevent objec-
tlOns and long arguments. The testi-
mony of DR. Evans which was con-
cluded yesterday afternoon, has laid
the foundation for the Introduction OF
Evelyn Nesbit Thaw's testimony re-
gardinE what she says Thaw told her
regarding other girls whose fato at the
hands OF Stanford White was similar
10 hers.
The report Is again current that Mrs,
Charles j. Holman, mother OF Evelya
Nosbit Thaw. will be called as a Wit
ness for the state by Dist Atty.
Jerome. II Is stated that Mrs. Holman
since the revelations made by Young