The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-02-11
DELMAS CHECKED.
CONTINUED from Page One,

Stanford Winter"
Mr.. Jerome at once objected on the
ground that in a plea of self-defensc
the defendants own statements are
not admissible.
Mr.. Delmas claimed that these
threats had been made and it was COM
petent to prove that Thaw armed him.
self after hearing them
Justice Fitzgerald held that there was
no rule of law which will allow the de-
PENDANTS own claims that threats were
made against his life.
Mr. Delmas claimed that if he could
show that the defendants statements
were the result of insane decisions ne
would have the right to show them
Justice Fitzgerald sustained the OBJ
lection and Mr.. Delmas noted an excep-
ton. He then turned to Mrs. Thaw
and said:
You have heretofore recalled some
of the events of the Christmas eve,
1908, state whether at that time or sub
sequently Mr.. Thaw made any declara-
ton to you as TO his being followed by
malefactors who were set upon him by
Stanford White with design upon MS
life?"
Before the witness could reply. Mr..
Jerome had objected
This Witness he declared, has al
ready shown most remarkable mem
DRY as to the minute details back to
and preceding the year 1902 1 object
to the question as leading
Justice Fitzgerald sustained the OBJ
lection.
for him to frame the question more
broadly and he would have to note an
exception
Thaw Carried q Pistol.
Ibid you ever see a pistol in Mr..
Thaw's possession 20
yes" replied Mrs. Thaw.
when, for the first timer"
st can not say exactly" replied the
witness; ct was some time after
Christmas eve, 1903"
do you know if he ever carried the
pistol anywhere except when he was
in New York;"
He never carried the pistol except
when in New York"
Mrs. Thaw, the name of May Nc
Kenzie has been mentioned number
of times in this case. Will you state
when you first met her?'
'I think it wac in 1901
did you ever tell Mr. Thaw of a
visit made to May Mckenzie when
she was sick in a hospital and while
Stanford White was present."
Yes"
"State what you told Mr.. Thaw."
Mr.. Jerome objected. claiming this
was another case of piling up cumu
lative evidence without the essential
fact being first shown.
1.-THE defendant under this ruling is
in an unfortunate condition" said Mr..
Delmas. I'VE are trying to prove the |
mental condition of the defendant by
his looks, actions and declarations. He |
was momentarily insane and we are
trying to prove it by series of acts |
before and after this occurrence
Justice Fitzgerald sustained the OBJ |
lection.
Mrs. Thaw. did you in any CONVEX |
sation with your husband state to him |
that after your marriage May Nc |
1<enzie had said. when she told Stan
ford White that .-ou were married and !
living happily with. your husband, |
DeInles Is Headed OF.
Mr.. Jerome's objection to this was
also sustained. NJ. De1mas asked if !
ruling on specific questions was to in
dictate that no further questions along |
the line of conversations between the |
witness and the defendant were to be
81 think counsel should be guided |
by the spirit of the courts ruling as
well as the letter." suggested Justice
transgress the spirit of the courts
ruling" said Mr.. Delmas, land upon
the slightest intimation that the spirit
of the rulings is as indicated. will
desist."
1.-The court has gone as fully into
the matter as it DESIRES" said the
ibid you attend the theater with
1882" asked Mr.. Delmas of the wit
ness.
Mr.. Jerome again objected on the
broad ground that some alienist
should first show that Harry Thaw
was of unsound mind at the time of
the occurrences covered by the ques-
lions of counsel and that the stories
told him might have affected his mind
In the way counsel desired to indicate.
The objection was sustained.
What effect upon the defendant
did the presence of Stanford White
have?'' asked Mr.. Delmas.
Again Mr.. Jerome objected and was .
sustained. |
Upon your return from Europe in
1904, on a North German Lloyd steam !
er was Mr.. Thaw present on the +
YES, sir !
when on the steamer do you re- '
member whether Mr.. Thaw told you Y
anything about certain person and Y
what happened to her at the hands of ]
Stanford Winter" /
The court sustained an objection by t
Mr. Jerome and the witness was not S
allowed to tell the story. t
Gin Paris" asked Mr.. Delmas, did 6
you tell Mr.. Thaw about a young wo- t
nan who was known between you as /
the pie girl'?'' {
YES
Mrs Thaw was not allowed to detail
his story either. /
when did Mr.. Thaw. make his last /
proposal of marriage to you, the one I
which you accepted?'' a
ct think it was about April 1, 1905" I
what did he say to you at that ! Y
line ~ I
Jerome Still Objects. {
Again the district attorney objected 7
Ind was sustained. r
A document was shown Mrs. Thaw ;
Who said that it was first shown to her =
~ Harry Thaw in January, 1906, she =
hought. :
"nid he r,a1-a an. 5o,I,-,+;.. I