The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-02-11

PENDANT at the time of an occurrence
before cumulative evidence as to the
case of any unsoundneSs of mind may
be introduced AS the courts rulings
are all based on the judges right to
| use his discretion as to the order In
which proof must be offered and do
not go to the subject matter of the
1 questions asked, If the defense is able
to make out a prima facie case OF
! mental unsoundness at the time OF the
| shooting or prior thereto then it is I'M
| derstood the evidence which been ex-
| cluded Will be admissible.
| District Attorney Jerome agreed to
the temporary withdrawal of Mrs.
Thaw and Mr.. Delmas asked for an
early recess in order that he might
prepare for the line of evidence. Re-
| cess was ordered at 1920 p. m. to 2
p. m
Thaw to Keep Still.
It now appears very doubtful that
Larry ThaV will take the stand in his
own defense. Unless it appears that it
is absolutely necessary, his attorneys
will not put him in a position where
the district attorney will be able TO
cross examine him. There is little
that he can say and if he does go on
the stand it would give the prosecution
an opportunity to go into the details
of number of matters which seem 10
have been placed before the jury by
Mrs. Thaw as well as they could be
placed by the defendant himself and
would open the way for the prosecution
to enter into the truth or falsity OF
those statements, which they can not
at present do.
1t is possible that a mania Thaw has
for bridge whist playing may be
brought to the attention of the jury 10
substantiate the claim that Thaw was
insane at the time of the shooting.
Thaw, it is said, played the game wild
ly at that time and lost thousands OF
dollars Persons who played with him.
in commenting on his play, are credit
ed with saying that his style was that
of "a crazv man."
Leane DeForest, who was Mrs.
Thaw's teacher at the school at Pomp
ton N. J., adds a chapter to the case
today. She writes that Mrs Thaw
(then Evelyn NesbtD. was an earnest
scholar and says that since the trag-
edy. with Thaw's consent, she has
continued to instruct Mrs. Thaw in
literature, English and Biblical history.
The instruction is given at the Hotel
Lorraine where Mrs. Thaw lives, and
May Mckenzie. Mrs. Thaw's constant
according to Miss DeF'orest,
became interested and shares in the
studies.
Dolphin NJ. Delmas, chief counsel for |
law, who spent Sunday in Philadel-
phia * quoted saying in an inter- |
view that he is much encouraged with |
the present outlook of the case and |
that the story told by Hrs. Thaw ir |
court is not half as tragic as 1T was |
when she told it to him during the pre-
paration of the case.
The district attorneys office. it is |
said, is still confident that it can secure |
a conviction. On the other hand. |
Thaw's attorneys state that they are |
sure of acquittal. One thing is certain
the great dramatic moment of the trial, |
so far as the defense is concerned, has
passed. When Evelyn Nesbit Thaw
told on the stand the story of her ex-
periences with Stanford White, as she
said she told it to Thaw before their
the defense sprang it's great
est sensation. No evidence that can be
will equal the sensation
which this story contained