Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-02-09
A FTERNooN SESSION.

mns asked Mrs. Thnw today to tell
! what she had told Mr.. Thaw of her ac-
| uuaintance with the actor.
AFTERNOON SESSION.
Mrs Thaw. on resummg the stand
| this afternoon, said that when she told
| stanford white OF Jack Barrymore
| having invited her to a party he became
| very angry and said he would send her
away to school IN New Jersey.
| Mrs. Thaw detailed her relations with
| BARRYMORE and her being sent to school,
ut all came about through quarrel
| between Mr. White, my mother and
myself over Mr. Barrymore. One after
noon ON Madison Square Garden. Mr..
| Barrymore said to me, Evelyn, will you
marry me?" / answered him and said.
| i don't know
white asked me III i would marry
| Barrymore, and said.
III KIDS ike you get married, what
| would you have TO live ony
Every day after that when / would
| meet my mother she would ask me II l
| intended to marry that little pup, Bar
rymore, saying Mr.. White was afraid
| / would.
mir White then came to see me and
| said ! would be very foolish to marry
Mr.. Barrymore; we would have nothing
to live on; would probably quarrel and
| get a divorce. He also said Mr. Bar
| rymore was little bit crazy; that his
/ father was in an asylum and he
| thought the whole family was touched
| He was certain Mr.. Barrymore would
| be crazy in few years, and for that
reason said / ought not to marry him.
MIR. Barrymore asked me second
| time II / would marry him. and again
| | said, L don't know. and he laughed
The upshot of the whole matter was
| that Mr.. White came and said | ought
\ to be sent to school, and | was"
| At this stage of the trial one of the
| most dramatic features occurred. Dist.
| Atty. Jerome made an earnest protest
| against ANY further defamation of the
dead"
| Mr. Delmas had asked the witness:
After. you told Mr.. Thaw what hap
pened between Stanford White and you
| In 1901. did you have any conversation
| with him in which he told you what
happened to other young girls who had
met similar fate at the hands of that
| n1an2
What MANI" interrupted Mr.. Jer-
| ONE.
why, Stanford White" replied Mr..
Delmas. in loud tone, "who ese7"
II appeal to your honor" said the dig
| trict attorney. that this has gone far
! enough. Are there no limits to which
the defamation of the dead may gof
| The prosecution has no chances to con-
| trovert the word of this testimony, and
| Stanford White Is dead"
your honor" replied Mr.. Delmas.
| Eve contend that In proving the state
| of this mans mind, we have the I'M
| doubted right to introduce evidence
| which tends to show that fresh fuel
was added to the fire in things the de-
| PENDANT heard from other sources. We
| will produce documentary evidence ex-
| ecuted by Thaw himself showing his
| condition. / have no more desire to
lafD ma t,A ka lft.fp nd
| l believe my conduct of this examina-
| ton has shown this. / have no desire
| to say one word against the memory
| of Stanford White that my duty does
| not compel me to say. My duty Is to
| the living"
To this Mr.. Jerome replied:
| 80 far we have not the slightest evil
| dence 10 show that the defendant was
ever of unsound mind in his life. ! sub
| nit that this is a matter which comes
well within the discretion OF the court.
II there is evidence of the insanity of
the defendant. 1t should be introduced
now, before this loose tattle of the ten
| derloin goes on; tattle that, under the
law, we are not allowed to controvert."
Justice Fitzgerald said:
If he court has any discretion in
this matter 1t Is anxious to exercise It.
The suggestion of the district attorney
seems good one. ! would suggest that
this is the proper time for the intro
duction OF the evidence counsel refers
| to-"
Justice Fitzgerald then explained to
the jury the law, which, In cases where
insanity is pleaded as defense, pre-
vents the prosecution from controvert-
ing any statements which have been
made to this effect. whether true or
not Mr.. Delmas then introduced
number of papers.
Among several handed to the witness
In An ftr In /, ,,x,te-
which he is said to have left all his
property to his wife.
Mrs. Thaw identified the handwriting
of the defendant on the papers. Mr..
Jerome went over them with the wit
ness In whispers.
full half hour was consumed In the
examination of the papers. which final
ly were marked as exhibits.
Mrs. Thaw then was excused tenn
porary, to allow Miss Francis e.
Pierce to be called to testify to her
signature as witness to the papers
1t developed from Miss Pierce's testi-
mony that one OF the papers was the
viii of Evelyn Thaw. Both Wills were
executed the day of Harry Thaw's mar
rIage in Pittsburg.
Miss Pierce said. on cross-examina-
ton she did not know whether all the
matter In the wills was In them when
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 II was
in the paper at the time you signed it
or not?" said Mr. Jerome.
mo. sir"
Mr.. Jerome declared the Wills had
many determinations. additions, etc.
in various handwritings. He thought
all these changes should be proved
before the papers were received In EVIL
dence Justice Fitzgerald upheld the
objection and ruled the wills out.
Mr., Delmas argued that the document
was admissible because the pages were
fastened together, with the signature on
the last page. Mr.. Jerome said this WAS
not sufficient identification. Justice
Fitzgerald stated that the indentifi-
cation was not complete. and Mr. Del
mas then offered only the last page In
evidence. Mr. Jerome again objected
Miss Pierce could not positively lden-
tfy even that page.