Evening journal., 1907-02-11
TOLD THAW OF
WHITES PRESENCE
lcontInuea from TIr.t 20

Continued from First Page)
gaging in a squabble over the techni-
calities. Delmas requested an adjourn
ment at 1920.
Evelyn Thaw was recalled form the
stand and IL is probable that she will
not again be summoned as a witness
until more OF the expert testimony has
been introduced.
During the afternoon session the de-
fence win devote its time to building
up the basis Of its sanity and self-de-
fence plea
The most important feature OF the
morning session was the getting be-
1 fore the jury Of the contents Of the
note which Evelyn passed to her hus-
band at the table at Martins on the
night Of tho Staying Of Stanword White.
The first announcement Of the day
was an edict from the bench that with
the exception Of the six actively en-
gagged newspaper women, no member Of
/ the gentler sex was 10 be permitted in
the court room during the remainder
Of the trial The order caused a buzz
\ Of Indignation among q regiment Of
Icackling scandal mongers and sensa-
tlon seekers brought out by the beau
| tiful spring weather and TO lay siege
10 tho outer doors OF the criminal court
building. Their protests We're in vain.
however and when court was called
TO order the only women present were
the six designated
Thaw was brought into court at 1890
looking fresh and in good spirits. but
there was flash Of disappointment
on his face as ne noted that no mem
Der Of his family was In court Judge
[ Delmas accompanied Mrs. Harry Ken
DAN Thaw into court but left her in
the clerks Office. where she remained
to greet her husband when he was
brought into the prisoners pen.
Fight over Thaw's Will.
J. ID. Lyons. vice. president OF the
Union National Bank Of Pttsburg, was
the first witness called by the defence
TO identify the will Of Harry X. Thaw
ION which to-day's fight seems to centre.
District Attorney Jerome Immediate
lly objected 10 Mr.. lyon as a witness.
iHis contention was the same as that
raised last week. when the WIN was
temporarily barred on the ground that
mo evidence had been offered to lay tho
lity. Jerome insisted on some further
proof Of Harry Kendall Thaw's weak
Imindedness. which brought from Judge
lDelmas the first word upholding the
victim of Jerome's vivisection, as an
expert 1stl sl
In his answer Judge Delmas declared
that while the defence has an abund-
ance of expert testimony TO introduce
providing that Thaw was insane at
the time he shot Stanford White, it is
the purpose Of the defence TO introduce
the facts in the case FIRST enumerate
lThaw's eccentricities and then clinch
the case by Introduction Of the testi-
mony Of the experts az the close
After a long wrangle between Jerome
and Delmas, following an objection by
the former to the testimony OF Mr.
Lyon on the ground that the defence
had not yet established basis for the
insanity plea, the prosecutor backed
down and Lyon was allowed to testify
to having received from Harry Kendall
Thaw. prior to April, 1906. the will over
which the fight Is being made.
Mr.. Lyon declared that the envelope
containing tho will was unbroken dur
ing the time Il was in his possession
and up to the time he surrendered IL
: the latter part of November, 1906. At
torney Gleason, for Thaw, then took the
stand and testified that the envelope
came into his possession with the sea-
unbroken on December IL, 1906.
Not Yet in Evidence.
At this point Attorney Delmas Of
fered the will in evidence. but Jerome's
I,N4,.ff,,. ,,,. fbo errotrr4d of tho ,,ooufr q
OF the will from Lsan to Gleason With
! out being opened was sustained and
] the will was temporarily laid aside.
Z Mrs. Thaw Recalled.
Evelyn Nesbit Thaw was then recall
: ed to the stand.
Instantly the court room. which had
been I'm "A drowsy state, became sur
! charged with Excitement There wa.
shuming Of feet and craning Of neck'
I and the little wife OF the defendant
Z still clad in the same simple costum,
! that she has worn throughout the trial
3 took her place on the stand. Delmai
] then asked the District Attorney e
/ produce the note which Mrs. Harr!
Kendall Thaw wrote 10 her husband a
s the Cafe Martin on the night OF tn
2 traged'
4 Several minutes elapsed before thil
/ bit of evidence could be produced. Dur
ing the interim Evelyn was the targe
I OF every pair Of eyes In the room. Shl
4 appeared composed and several timel
smiled al her husband. Evelyn glanc
ed about the room but her husban,
8 never took his eyes of the small girl
r ish igure
e The Fateful Note.
After the note had been duly identi
D ned. Delmas asked Evelyn If she coul,
identify it.
Il can" was the answer.
= did you write it?"
e "Yes."
s Delmas then read the note 10 IN
s court II said; "The b was here
. moment ago. but went out again"
, "'ro whom did r. refer?"
s "To Stanford White"
"Now I will ask youn said Mr. Del
- mas, in very gentle tone as ne motto
e ed the frightened tones Of the voice O
E the witness. IF you ever heard MI
n Thsw speak OF any threat made agalns
s. his life By Stanford White?"
q Jerome objected and Justice Fitzger
b aid sustained the objection and IN
y question was re-stated. Jerome agai
objected on the ground that the ques
ton did not bear ON the insanity de
fence. but had 20 do with the plea q
self-defence. which had not as yet bee
Established by Thaw's attorneys
The objection 20 Delmas' questio
was sustained