The Washington herald., 1907-02-07

ance Of Mr.. Thaw at that time as affected
/ by the piece of paper. or the receipt Of
Iit2' said Mr. Delmas. repeating the ques-
/ ton which Justice Fitzgerald had ruled
out a few minutes before. Again Mr.
/ Jerome was on his feet with an objection
Justice Fitzgerald agreed with Mr. Jc-
rome, saying that part Of the question,
as affected by this piece of paper, was
/ certainly Objectionable.
/ 1t was the first time the note from Mrs
Thaw to her husband had been brought
/ into the testimony, although Immediately
after the shooting Thaw told a reporter
about it. Other than a few persons, no
one knows the exact words on the note
Thaw said that night that there was a
reference to Stanford White Whatever
was on the note does not seem to worry
Thaw or his counsel, for, as it soon de
velopeG Mr. Demas was anxious to get
it before the jury right there.
"Of course, the contents Of that paper
/ insisted Mr.. Delmas, with a show of feel
ing, 1t is impossible for me to prove by
that witness. / am informed that that
paper is in the possession of the learned
district attorney. If I am correctly in
formed I shall ask for it's production"
Delmas' Appeal Ignored.
form that it is put. said Justice Fitz-
gerald, ignoring Mr.. Delmas' appeal to
Mr.. jerome.
Il was not aware of the contents in
that way" said Mr. Delmas. Apologize
ally. If 1 am correctly informed / now
call for the production of that paper. If It
/ is in the possession of the learned dis
| tTict attorneys office"
wave Of hand from Mr Deimas to-
ward the jury had no effect on Mr.. Je-
rome's back. the only thing Mr.. Delmas
could see of the district attorney, who was
sitting right in front OF him. right next
/ to Mr.. Jerome was young Mr.. Garvan, I'm
/ whose possession reposes the secrets Of
/ the prosecutions case. His back was to
/ Mr. Delmas. There was not . sound in
/ the courtroom. Mr.. Jerome never budged
( He looked straight ahead So did Mr.
/ Garvan. Through their glasses they ap-
peared 70 be trying 20 pierce the Simmons
/ paintings on the wall back OF the Judge
/ bench
Make him answer" said Associate
Hartridge. leaning over 10 brother Del
mas.
rs there no rcsponse?" called Mr.. Del
I
/ concerned he took no notice Mr.. Jerome
and Mr.. Garvan might have been images
4 call upon you. Mr.. District Attorney,
to produce the paper" proclaimed Mr.
/ Delmas.
Then ne saw il was no use. No one on
the other side Of the rail was going 10
pay any attention TO him. 1t was a good
piece Of acting by Mr.. Delmas aud he
carried il gracefully TO a close in a little
speech.
There be no response" he said, with
no trace of malice or bitterness. 4 take
it that the silence of the learned district
attorney is due not 10 dlsc0urtesy. but
20 a proper conception Of his duties in the
matter. and I shall. therefore have 20
prove the contents Of that paper in an
other way. I simply desire 20 ask the
witness now whether, upon the reception
of that paper, he noticed any change in
the appearance Of Mr.. Thaw?'
No Objection This Time.
Mr.. Jerome made no objection this time.
and McCaleb who had been twitching
his fingers, said he didn't notice any
change in Thaw's expression. In fact. he
could net remember of having looked at
him at all He knew that Thaw got the
2
TO the incident No statement was forth
coming later from Mr.. Jerome about the
paper. but it was apparent that the pros
ecution has the note. and the defense
knows It, or course. Airs. Evelyn Thaw,
who Will be. a witness. can tell what she
wrote and why she wrote H.
After their dinner. the party started
from Martins for the roof garden. Me
Caleb's recollection was that he and Mrs.
Thaw walked together ahead. and Beale
and Thaw followed 1t was noted as Pc
CulaT that both, after leaving Martins
and just before the shooting. Beale and
Thaw were together. while each time Mrs.
Thaw and McCaieb were together. Before
asking McCaleb who bought the tickets
for the roof garden there was . confer
enCe between Messrs. DeImas. Hartridge.
and Gleason. 1t was the second time that
Mr.. Delmas asked about those tickets
McCaieb did not know when they We're
purchased or by whom, but he said evil
IDENTIFY by Thaw. as he was the host
During the time that you were seated
together at dinner. was there any discus
sion as t. whether YOU would stay longer
al the Cafe Martin-yOu need not answer
as there is going to be an objection-or
whether YOU should proceed without de-
lay 10 the roof garden" MI Delmas
asked.
He guessed right about the objection. as
Mr.. Jerome was instantly on his feet
with one. II was upheld by Justice Fitz-
gerald. Mr.. DeImas then attempted 10
get McCaleb 10 say whether there had been
any statement by Thaw on the subject
This was ruled out by Justice Fitzgerald.
Mr. Jerome saying that statements made
by the defendant In his own behalf and
not connected with the shooting were not
admissible. Justice Fitzgerald, remarking
that he could not conceive what was the
object Of the question just then. took the
same view.
Therefore. said Mr.. Delmas. bowling.
I will accede to your honor's suggestion
and close the examination
Courtroom Laughed.
McCaleb settled back in his chair. and
Mr.. Jerome got up and looked at him for
a second. Then a twinkle appeared in Mr..
Jerome's eye. a wee smile came around
his mouth, and McCaIeb responded with
broader smile. It was not apparent then
what caused the two to smile but it came
later, and then it was the courtroom
laughed-perhaps at the expense Of both
of them
McCaleb told Mr.. Jerome that he met
Thaw in San Francisco about a year be-
fore the shooting He was sure Of that.
but he also had an idea that he met him
in Paris some years ago. but then il was
only boating acquaintance It was
about twelve years ago, McCaleb |
thought, when he knew Thaw in Paris /
since the San Francisco meeting he had |
seen Thaw number of times. but never /
had any commercial or business. relations
with him.
He did not know Evelyn Ncsbit until he 1
met her as Mrs. Harry X Thaw. he said /