The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-02-07

New York, February 6.-The defense of |
Harry K. Thaw under the direction of
Attorney Dolphin NJ Delmas of Califor-
mia, began to assume definite shape to- |
day, and when an adjournment was taken
testimony had been placed before the |
jury to the effect that Stanford White |
had been heard to make a threat to kill
the defendant, coupling the threat with |
the display of a revolver; that Thaw's
actions following the killing of White |
were considered by several eye witnesses /
to have been IRRATIONAL" that uncle
of the defendant was insane; that Evelyn |
Nesbit ThaW passed a note to her hus-
band during dinner at the Cafe Martin |
the evening of the tragedy; that District !
Attorney Jerome has this note and re-
fused on the demand of the defense to
introduce it in evidence.
So far, indeed. had Thaw's defense pro- |
gressed that at the close of todays pro- |
ceedings the announcement was made by |
Mr. Delmas that either the wife or the
mother of the defendant would be the |
first witness on the stand tomorrow MORN |
ing.
Inc lIItdl dSdlllSt nav 'iAC NtiS !
made two years and half before the |
tragedy occurred. District Attorney Je- |
rome objected to the introduction of the !
evidence, declaring the defenes was NOT |
understood by him to be one of self-de- |
fense.
Delmas Resourceful.
Mr.. Delmas replied that the defense in |
tended to take advantage of every legal |
defense allowed in the state of New York, |
be it insanity, self-defense or any other |
legitimate justification for the taking of |
a human life. This was but the first of |
a series of interesting Tits between the |
district attorney and Mr. Delmas during /
the day, and it was agreed that Mr.. Je- |
rome had found Thaws new leading !,
counsel a foeman worthy of his best eff |
forts. The two men are of widely dill |
ferent types-Mr. Jerome quick, passion |
ate, forceful, sarcastic and brilliant at |
ridicule Mr.. Demas calm. courteous, re- |
sourceful witty, crafty and ethical, to |
whom the district attorney was always |
"the learned district attorney"
There was never a deviation from this |
method of address.
BENJAMIN Boman, formerly a stage |
doorkeeper at the Madison Square thea |
tre was the witness who told of Whites !
threat. Boman was offered as witness |
Yesterday, but the district attorney was |
successful at that time in blocking the |
evidence by objections Mr. Delmas to- |
day withdrew the Objectionable questions |
and Mr.. Jerome in turn withdrew his pro- |
test against the witness.
Whites Threat.
Boman declared that on Christmas eve, |
1903, Stanford White came to the stage |
door about 11:15 p. m. and asked for Miss |
Nesbit. The doorkeeper told him the ac-
tress, who was then playing in The Girl |
from Dixie had gone home. White at !
first accused him of a falsehood, and |
then asked who had been there.
"Mr. Thaw," the witness replied.
"Oh, that Pittsburger," commented the |
architect. who, to make sure the actress |
had gone, went to her dressing room. |
Not finding her there, White. according |
to Boman, walked rapidly out of the |
theatre with revolver in his hand and |
muttering, "I'll find and kill that -
before daylight"
The witness said he believed the threat |
to be directed against Harry Thaw and
, told him of it several days later when |
they chanced to meet on Fifth avenue |
He also told detective sergeant about |
the Incident. District Attorney Jerome |
cross examined the witness for more than !
an hour, but Boman adhered closely To |
his story in every detail Once or twice |
the witness became a trhe confused as |
to dates and as to his movements during |
the past five years, and said he had not |
been regularly employed during that pc
riod
Have you been paid any money by this |
defendant or his attorneys?' demanded |
Mr.. Jerome.
NO" came the emphatic reply.
''Have you been promised any?
NO,
McCaIeb Testifes.
Thomas McCaleb the young Californian |
xx,if US the night |
of the tragedy. was a witness during the |
afternoon session. 1t was he who testified |
that at dinner that evening Mrs. Thaw |
had suddenly asked her husband for a |
pencil scribbled few words and passed !
It. a folded piece of paper, to him. What |
was in this note the witness did not know. |
and he was not allowed, because of an |
objection by the district attorney, to testi- |
fy as to what change of manner, if any, |
It produced in Thaw.
II has been reported from time to time |
1t was in this note that young Mrs. Thaw. |
referring to White, wrote to her hus-
band:
"That - - blackguard is here"
1--WE understand" said Mr.. Delmas, |
sthat' this note is in the possession of |
the learned district attorney. We want |
TO get at the contents of that slip of |
paper believing it to be material evil
dence We demand that the learned dis
trict attorney produce 1t.
Mr. Jerome sat silent. He tugged at |
his short stubby mustache There was |
absolute and dramatic stiffness in the |
court room and Mr. Delmas stood waiting. |
and all eyes We're turned on the district |
attorney. He continued TO look at the |
floor. After waiting some time. Mr. Del
mas resumed:
II take it that the silence of the learned |
district attorney is not intended as a :
aiscourtesy. but . conception Of what he