New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-02-07
Demas Wins Over Jerome--Gets in Testimony to Show
Witnesses Thought Prisoner Irrational.
Architect MuHered He Would xii That Pbuger Wife Mother
on Stand To-day-Cafe Martin Note Mentioned

AS foretold IN The Tribune. when the Thaw
trial was resumed yesterday in the Criminal
Branch OF the Supreme Court Dolphin NJ. Del
mas. the California lawyer. was in charge OF
the examination of witnesses for the defence
and John b. Gleason had been relegated 10 a
consulting capacity. 1t was the general opinion
OF those who watched the trial that the change
was a wise and that the defendants chances
Of acquittal had been greatly increased.
Court adjourned little earlier than usual at
Mr.. Delmas's request. after he had announced.
in reply to MIR. Jerome, that the first witness to-
day would be either Mrs. William Thaw. the
prisoners mother. or Mrs. Evelyn Nesbtt Thaw.
his wife. 1t was said last night that probably
Mrs William Thaw would be called first
The first witness put the stand yesterday
by Mr.. Delmas was Benjamin BOman. at one
time doorkeeper at the Madison Square Theatre
Boman had been called on Tuesday by Mr.. Glea-
son to repeat a conversation he had with Harry
K Thaw early in 1904. but objections by Mr.
Jerome, sustained temporarily by Justice Fitz-
gerald had caused his withdrawal from the wit
ness chair. Yesterday Mr.. Delmas succeeded In
getting Boman's testimony on the record, and 1t
proved most important.
SAYS WHITE THREATENED THAW.
Bonan said that Christmas Eve 1908.
when Evelyn Nesbit appearing in "The
Girl from Dixie" at the Madison Square The
atre Stanford White called at the stage door
after the performance and asked If Miss Nesbt
was there. Boman told him that she had gone.
Its a He"' the former doorkeeper said White
shouted, and when told that the girl had left
with Thaw he had raved 'T'll shoot that --
before daylight" and brandished revolver.
Did you tell any one connected with the case
about Whites threat?" Boman was asked.
Yes" he replied; 'I met Mr.. Thaw in the street
and told him." He had also told Detective Ser
geant ]. D. Herlihy.
This testimony. so favorable to the allegation
OF the defence that for three years before White
was killed Thaw had gone in fear Of his life OF
the architect caused a sensation The defendant
nodded his head with great delight and the
Jurors were plainly much impressed. In cross
examination the District Attorney tried hard TO
belittle the testimony by showing that Boman's
memory was defective on other things that hap
pened about the time Of the incident but the
witness could not be shaken as to his recollec-
ton OF the incident itself.
Having introduced testimony 10 aid that por-
ton Of the defendants case that rests on self
defence plea Mr. Delrnas called witnesses 10 tes-
tify that from the look, actions and appear
ance' of Thaw at the time Of the shooting ha
was irrational. The District Attorney objected
strenuously 10 this testimony. and cited author
ity after authority and decision after decision OF
the Court of Appeals TO show that II was not
competent. The legal battle between Mr. Delmas
and Mr. Jerome was exceedingly Keen and it
ended I'm n decisive victory for the defence. Jus
tice Fitzgerald allowed the question to be put
10 three men who saw Thaw at the time he shot
White and each Of them said that he considered
Thaw was irrational. The only consolation left
10 the District Attorney was TO show that none
Of the witnesses thought himself an expert in
mental diseases.
THOMAS NTCALEB a WITNESS.
The most interesting testimony yesterday was
given by Thomas McCaleb who formed one Of
Thaw's party the fateful night Of the 25th OF
June the others being Truxton Beale and Thaw
and his wife McCaeb, who became acquainted
with Thaw in San Francisco about a year before
that night told how he and the others had dinner