The San Francisco call., 1907-03-07
Jerome Defeated by Delmas
District Attorney
Forced to Drop
Questions
Continued From Page ]. Coils. and :

COntimueo FROM rage Il coAs. -"
Delmas offered her his hand TO assist
her from the stand.
Twice during her recital Mrs. Thaw
broke down and was unable TO pro-
ceed. After few moments Jusuce
Fitzgerald asked solicitously II she felt
able TO proceed, and Mrs. Thaw, evi-
IDENTIFY much chagrined that her great
grief had overcome her strong VIII OF
resistance, nodded in the afnrmatlNe.
She declined glass Of water, made an
effort 10 proceed. but failed. Justice
Fitzgerald then interposeo a relief for
which the elderly woman facing him
must have felt deeply grateful he said
that as many OF her remarks had been
uttered in a very low tone II would
be necessary 10 have the stenographer
read all her testimony up 10 that time
TO the jury.
when the reading was ended Mrs.
Thaw had regained her composure and
was able TO proceed. She said that
when Harry came home IN 1903 he
seemed depressed and apparently had
lost all interest IN life. He passed
sleepless nights, would often leave the
table at meals and go into the parlor
20 play upon the piano, the music grow
ing softer and softer until II finally
died away.
TOLD HER OF STAMFORD WHITE
He told me wicked man-probably
the wickedest man in ali New York
had ruined his life" she said.
II was not until some time after he
had offered this explanation OF the
change in him that she learned the
story Of the young woman who was to
become her daughter-in-law
Mrs Thaw told OF her son break
ing down in a Pittsburg church and
explaining that IT was all because Of
the sorrow which prevented the young
woman he loved from being at his
side. Mrs. Thaw told OF coming TO
New York TO meet Evelyn Nesbit and
OF giving her consent TO her sons mar
riage-the one condition being that the
girls past life in New York should be
q closed book, never 10 be referred TO
IN any way. Then came the story Of
the marriage in Pittsburg in April.
1908. the honeymoon trip and then q
happy, placid summer spent at the
mothers country home in the noun
tains. Delmas ended her testimony
abruptly. The District Attorney was
taken by surprise and began TO cross
examine Mrs. Thaw IN q low voice He
then asked concerning the conditions
surrounding her sons allowance, but
Delmas obpected. Jerome then asked
what the sons income amounted TO.
Mrs. Thaw said IL was moderate and
uOlnlnE ike AlC sum AllG ItA nlJd kIl ,
had so often reported
REPLIES BAFFLE JEROME
Jerome next trod upon what he
must have felt the thinnest OF ice, lest
he put himself In the attitude Of at
tempting 10 harass the pathetic figure
in black on the witness stand. lie
asked the mother what she knew Of
her sons relations with Miss Nesbit be-
fore she became his wife.
Nothing" she replied without hesi-
fancy.
The District Attorney seemed com
pietely baffied and speedily brought his
examination to a close.
Mrs. Thaws story was deeply i'm
pressive IN its simplicity and brevity.
II Harry ThaW's fate is thrown into
the hands Of the twelve men in the
3ury box who today heard the mothers
story there seems little doubt that
what she said viii carry wonderful
weight. But Jerome gave the impres-
sion that he might use the mother 5
testimony as a weapon in another di-
rection in his fight TO have a commits
sion appointed to test the present state
OF mind OF the defendant
ATTORNEYS IN CLASH
While the elder Mrs. Thaw was on
the stand the District Attorney en-
gagged in a wordy war with Delmas
during which he uttered publicly for
the first time the threat Of a lunacy
commission. Delmas was invoking the
presumption of law that IL Thaw was
insane in 1903 he was insane in 1904.
This was TO enable Mrs Thaw to state
conversations with her son in the lat
ter year. These conversations We're
admissible only on the ground that
they were the utterances Of a person
mentally irresponsible. Jerome said
there was no reason why the assump-
tiou should not continue down to the
present, and that II Delmas' point was
well taken the trial should be suspend
ed and a commission appointed.
Justice Fitzgerald upheld Delmas and
said that the question Of a commits
sion was not before the court Before
the completion Of the mothers testi-
mony today ThaW's attorneys said they
would have but two more witnesses-
experts-who viii be called upon to an
swer a newly framed hypothetical
question covering the entire case from
beginning TO end. These experts are
said to be Doctors g. Hammond and
Jelliffe. Harry Thaw during his moth
er's stay upon the stand seemed un-
usually pale and extremely nervous.
Al the end Of Mrs. Thaw's testimony
an adJorrnment was taken until Fri
DAY, owing to a death in Justice Fitz-
gerald's family.