The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-02-10


New York, February 9.-Doubt and
speculation exist tonight as to just what
course the defense will take in the case
of Harry Thaw when the trial is resumed
before Justice Fitzgerald in the criminal
branch of the supreme court on Monday
morning. When court adjourned Friday it
was the intention of Mr.. Demas who
now is in absolute command of the de-
Tense, again TO place Mrs. Evelyn Nesbit
Thaw on the stand to continue the narra-
ton of the story upon which the PRISON.
ers life depends.
District Attorney Jerome protested
against any further defamation of the
dead" just before the Friday adjourn
ment was taken, and was upheld by
Judge Fitzgerald in his contention that
broader foundation of insanity should
be laid before 1.-The loose tattle of the Ten
derloin' should be spread upon the rec
ords. The district attorneys reference
was to the question MIR. Delmas had put
to Mrs. Thaw as to whether she and her
husband had discussed together 1.-THE fate
of other girls at the hands of Stanford
White'
The courts ruling that the insanity OF
the defendant has not yet been sufficient
lS established to admit of the bringing
in of further details of his wife's testi-
mony, may result in a temporary change
in the line OF cadence. The course to be
pursued Monday depends greatly upon
the attitude of District Attorney Jerome.
who declared he could have offered legit-
innate objection to Mrs. Thaw's testi-
mony at the very outset, ON the ground
that the alleged insanity Of the defendant
had not been established, but had re-
Trained from so doing because of the fact
that he knew the testimony as to her rev.
Citations to Harry Thaw must come out
some time
Jerome's Objections.
II Mr.. Jerome persists on Monday morn
ing in his objections to the line of exam
ination indicated by Mr.. Delmas' question
as to stories concerning young women
other than the wife of the defendant, tho
prosecuting officer will be asked tempor-
arily to excuse Mrs. Thaw to permit of
the introduction of evidence in accord
with Justice Fitzgerald's ruling. As Mr..
jerome probably will be glad of the delay
before he takes up the difficult task OF
cross-examining the young wife, he is ex-
pected to consent TO the plan.
In that event, Mr.. Delmas will first at
tempt to get in as evidence Harry Thaws
will, which was ruled out on Friday be-
cause the many interlneations in this
somewhat cumbersome document" as Mr..
jerome referred to it, had not been suf-
dniently proved.
This will consist of about sixty
pages, some closely typewritten and
others in the large handwriting of the
defendant. Justice Fitzgerald held
that the will must be shown to have
been in its present condition when it
was signed.
One of the witnesses to the instru-
ment Miss Pierce, who was put upon
the stand for a few moments yester-
day, declared she had not read the will
at the time of witnessing Harry
Thaw's signature to it. Harry Thaw
suggested that the witness be asked If
some OF the writing in the will had
not been done in her presence. She re-
piled that there was considerable writ
ing being done, but she could not re-
member what it was.
Mr.. Delmas is very anxious to have
this will go in evidence, believing it
will go further than any other docu-
mentary proof he can produce to show
the effect Evelyn Nesbt's story of her
treatment at the hands of Stanford
White had upon the mind of the de-
fendant. Although counsel deny that
the information is altogether accurate,
1t leaked out today that one of the
provisions in Harry Thaws will is the
setting aside of the sum of $4,000 for
the prosecution of all persons who may
be concerned in case of the death of
the testator by violence. The proba-
BILE instigator of the anticipated act
of violence is said to be revealed in
the provisions.
Benefit Young Woman.
Another paragraph in the will, it is
reported, made provision for fund
for the benefit of young women who,
the will declared suffered treatment at
The hands of the dead architect similar
to that of his wife. The reports con-
cerning the will even go so far as to
saw that the names of Mr.. Whites al
legged victims are included in the clause
of the will relating to this subject.
Mr. Delmas, it is said, may call to the
stand on Monday an attorney from
Pttsburg, who will be asked as to the
interlineations made in the will, and 1t
is expected to prove they were pat
there at the time the testament was
signed Failing to show that one of
the interlineations can be remembered
by the witness, Mr. Delmas will offer
the codicile to the will, which is in the
defendants own handwriting, without
tnterlineations.
Mrs EVELYN Nesbit Thaw also signed
\ will on the night of the wedding, and
II is believed that in IL she carried out
her husbands stipulation that none of
her relatives, save her brother, should
>eye any of his money. Several Of