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

| tempting TO 90, pe Sdlo, WAS 10 inter
| rupt Mrs. Thaw's testimony for tbs
| purpose of better satisfying the dis
| trict attorney of the defendants un
soundness of mind at the time of the
| shooting. He thought that in doine
| this he was complying with the dis
| trict attorneys wishes.
Mr.. Delmas asked that Mr.. Igor
be allowed merely to identify an en-
velope and the package (the Wild il
contained. Then If the district attOr-
ney objected forther he would defer
for the time being the offer of the viii
in evidence.
Mr.. jerome Argues.
Mr.. Jerome, in arguing that his OBJ
lection be sustained, went into the
discussion of the rules of evidence
which prevented him from controvert-
ing the truth of Mrs. Thaw's testimony
as to the story she told her husband
Judicially Mr.. Jerome said, the court
could not say as to whether or not the
story Mrs. Thaw told her husband had
an effect on his mind.
II must object to this line of argu-
:nent by the district attorney" inter
rupted Mr.. Delmas.
HE is addressing h1mselt TO 1acts
not in evidence
Justice FITZGERALD stated that all the
statements by Mrs. Thaw are on the
record practically by consent but now
the Judgment of the court was in
voked. The objection to the introduce
ton of the documents on Friday was
technical one, but it was sound.
There was a witness on the stand
when court adjourned whose test1-
mony has not been finished.
''It seems to me-" said the court,
that either that witness should be
finished with or consent should be
given to proceed with this witness"
Mr.. Jerome. after a short whispered
conference with Mr.. Delmas, with
drew his objection and Mr.. Lyon was
permitted to give his testimony.
How long have you known Harry
K. Thaw?" asked Mr.. Delmas.
Ever since he was a boy" replied
Mr.. Lyon.
st hand you an envelope and ask
you if you ever saw it before?"
Mr.. Delmas handed the witness a
large envelope of heavy brown paper.
Il have seen this before said the
witness sit was in my possession"
when did it come into your posses
sion ?" 80.
can't state the exact date
WAS the envelope sealed and did 1t
apparently contain a package?"
TT was sealed and apparently con-
tanned a package"
How did you receive the pack
age?"
From Thaw's Hands.
From the hands of Harry K.
Mr.. Lyon said he was familiar with
the defendants handwriting and it was
his handwriting on the envelope
What did you do with the en-
velope?"
placed it in my box in the safety
deposit vault in the bank
How long did it remain there?"
Until the latter part of November.
1906, when I took it out.
what did you do with it?"
II gave It to my stenographer, Charles
Johpston:
envelope, part of the writing on which
he identified as that of his stenogra-
pher.
Mr.. Jerome took the witness who un-
der cross-examination remarked that
there were doubtless many letters from
Thaw in the bank at Pittsburg-
Can you as vice president of the
bank produce those letters?"
Yes; 1 suppose So
why, yes. if you want them.''
Mr.. Jerome then stated he could not
continue the cro1s-examination without
the letters and asked the court to order
that the letters be produced.
Mr.. Delmas objected.
What's the matter" asked Mr.. Jer-
ONE Don't you want these letters
produced?"
Il haven't the slightest objection to
the introduction of any letter this de-
fendant ever wrote" was the reply.
He objected to the letters being turn
finally agreed that the letters should be
turned over to the clerk of the court.
Gleason Is Called.
Mr.. Lyon was excused and John B.
Gleason was called.
Mr.. Gleason has had possession of
most of the defendants papers since
the tragedy.
Mr.. Gleason said the envelope con-
sion since December IL, 1906, when he
received it by mail from Pittsburg-
no changes had been made
in the document from that time to this
except the marks for Identification put
on the paper in court.
Mr.. Jerome asked only one or two
questions on cross-examination, bring
ing out nothing new.
Mr.. Delmas then asked that Mrs Eve
lyn Nesbit ThaW be recalled.
1T has been testified by this wit
ness" said Mr.. Delmas. when the
young wife of the defendant had taken
her place in the witness chair. that
she wrote a note to her husband in the
Cafe Martin the night of the occur
rences on Madison Square Garden. This
note we understand to be in the pos
session of the learned district attorney.
we now ask the learned district at
torney to produce that paper"
Of paper" he said. ''I don't know that
1t is this note, but I will send for 1t.
The acquiescence of the district attor-
ney was a decided change of attitude
from last week Wnen ne sat silent WHeH
Mr.. Delmas had demanded that the note
be produced.
During the wait for the messenger
dispatched for the paper Mrs. Thaw
the closest scrutiny by those
n the court room. She was attired
precisely as on every other day of the
rial She was pale but entirely COM
posed and seemed to have been re-
'reshed by her rest over Saturday and
Sunday.
When the note had been received and
Identified by Mrs. Thaw Mr.. Jerome
offered no objection to it's being receiv
ID in evidence. The note proved no
surprise, the wording being only slight
y different from what had been gen.
orally reported.