The Washington herald., 1907-02-09

lecturing a naughty little girl my ques-
ton to you Was what, If anything, that
you told Mr. Thaw, that had to do with
your going TO school
oh" she said. II said that | would
marry him CMr. Barrymore If / wanted
TO; that ] liked him very much. Then
he asked me again TO marry him-oh. it
got 10 be a sort OF Joke-and l quar-
relied with my mother continually about
IT, We quarreled a good deaI-and the
lupshot OF it was Mr.. White came and
said / ought TO be sent to school And
he had me sent.
After you had told Mr.. Thaw Of what
happened between you ana Stanford
White in 1901, did Mr. Thaw have any
conversation with you in which he dis
Icussed the fate of other girls who had
met with siInilar treatment at his hands?'
Mrs. Thaw nodded, before Mr.. Jerome
had wheeled around. facing Mr.. Deimas.
AT whose hands?" he asked.
Whose hands?" repeated Mr.. Delmas
with apparent amusement
The hands of Stanford White. Whose
else could il be-?
Mr.. Delma= snapped out. Whose else
lcould ii be-" and then Mr.. Jerome
walked slowly. so that he stood directly
in front of Justice Fitzgerald With a
Iterness he began to speak.
jerome Appeals to Court.
Now. 1 submit your honor. he said
"that Stanford White is dead. The laws
do not permit US 20 controvert the truth
of a single one OF these statements. Are
there no limits which the law puts upon
the condemnation which may be thrown
upon the dead? ] object to this ques-
ton. / say we have gone far enough on
this path. We cannot meet it. 1 for
bear from saying more"
Mr.. Delmas, who had been listening
intently. drew himself up. After the first
few words it was plain 10 see why ne got
the reputation OF an orator at the San
Francisco bar. II was d strong speech
He said:
Your honor will bear in mind one Of
the defenscs upon which the defendant
relies here in defending himself against
the charge-the penalty OF which, if
proven is his life-is that at the time he
committed this act, this alleged criminal
act, lac was of unsound mind. I forbcar
20 state TO your honor the general scope
OF the testimony which / propose intro
dUclnS upon this subject. But / do
claim. and / think that your honor will
have no difficulty ia perceiving, that after
the impression was made upon the mind
OF this defendant by the story that was
told by his wife. il is natural, unavoida-
bic. 1t would be Uncomfortable In any hui
man being, that a certain agitation. men
tal agitation, should not have been pro
dgced. II that agitation continued and if
fresh fuel was added to the fame by sub
.F--s.
his mind by the statements that he made
as 10 what ne had learned from othe-
sources; that If your honor please,
coupled with cOntemporaneOUs iustrU-
meuts OF indubitable genuineness, which ]
shall produce i'm confederation. will pre-
sent TO the twelve jurors in the box the
very best picture of the state of mind"
Justice Fitzgerald interrupted him.
when YOU say in confederation. in
confederation of what?' he asked.
In confederation" said Mir Deima5.
raising his voice "Of the oral statements
which she made rs 10 the fate of these
other young girls 1 shall produce con-
tempOraneous Instruments executed boy
him that those were his mental impress
sious, and that they show his mental
condition"
Justice Fitzgerald Puzzled.
But Justice Fitzgerald was still puz-
lied, or he wanted the record straight, for
he got MI DeImas to say after "a few
questions that when he said Executed by
him. he meant executed 10y Thaw. Nlr.
Jerome started to reply, but Mr.. Delmas
went on:
'Of course the learned district attorney
VIII bear in mind that / have no more lie
/ sire TO asperse the memory of the dead
than of the living. I desire 10 utter no
word against the memory Of Stanford
White that the duties which I owe 10 the
living do not compel me TO utter: and 1
shall adhere TO that resolution. if your
honor please, to the end. But defending
this defendant. as We are defending him,
upon this charge we should be dereIict in
our duty if We omitted 10 supply every
atom OF proof which We conceive would
aid these gentlemen turning 10 the jury
lin arriving at a correct understanding OF
his mental attitude and condition upon
these subjects.
AS long as the matter has come up
for discussion" said Justice Fitzgerald.
''the court is most anxious 10 exercise any
discretion in order 20 keep within bounds.
The district attorney now suggests what.
ought to be some preliminary proof be
fore we go further into this matter and
if il is in the power of the defendant 10
furnish evidence outside of declarations
TO the defendant. that ought at least be
given to the court.
I'VE are ready to submit it to the
/. court" said Mr.. Delmas.
of course continued Justice Fitz-
gerald. "the jury viii recognize in these
matters that the truth or falsity Of these
statements made to the defendant is not
a matter at issue here. OF course, it is
no defense that a mans character was
bad But if statements made to a
person of unSOund mind are urged by
the defense irrespective of their truth or
falsity. the court is required to allow
them to go TO the jury. OF course, the
question of the truth or falsity for the
Jury would be as to whether the state
Iments OF the witness as TO what she COM
muncated to the defendant are variations
truly recited.'
I VIII and COdIciI.
All this time young Mrs Thaw sat in
the witness chair, taking a lively interest
in everything that was going on. Mr..
Demas handed her two documents: one
had seven pages-long pages. II turned
out to be will made by Thaw in New
York. after his marriage in Pittsburg, and
the other was codicil. After Mr..
Jerome had looked over the two docu-
ments he suggested that Mrs Thaw be
allowed 10 mark in blue pencil the parts
of the documents which were in her hus-
bands handwriting. When she had gone
over both documents, Mr.. Delmas offered
them in evidence. but on objection by
Mr.. jerome that they had not been suffi-
GENTLY identified they were not admitted.
Mrs Thaw then left the stand, Miss