Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-10


young wife, he is expected to consent to the
plan.
In that event Mr.. Delmas will first at
tempt to get in evidence Harry Thaw's will,
which was ruled out on Friday because the
many interlineations In this somewhat
cumbersome document" as Mr.. Jerome re-
ferred to 1t, had not been sufficiently proved.
This will consists of about sixty pages,
some closely typewriter and others in the
large handwriting of the defendant. JUS
tice Fitzgerald held that the will must be
shown to have been in its present condition
when 1t was signed. One Of the witnesses to
the instrument, a Miss Pierce, who was
put on the stand for a few moments yester-
day, declared she had not read the will at
the time of witnessing Harry Thaw's sigma
ture to it, and could not swear that the in
terlineations and erasures were the same as
at the time of the wedding, April T. 1905,
when the will was finally approved by the
testator and signed. Harry Thaw himself
suggested that the witness be asked If some
of the writing in the will had not been done
in her presence. She replied that there was
considerable writing being done, but she
could not remember what it was.
Long Will as Evidence.
Mr. Delmas is very anxious to have this
will go in evidence, believing it will go fur
Their than any other documentary proof he
can produce 10 show the effect Evelyn
Nesbit's story of her treatment at the hands
of Stanford White had upon the mind of
the defendant Although counsel deny that
the information is altogether accurate, it
leaked out today that one of the provisions
In Harry Thaw's will Is the setting aside of
q sum of 1000 for the prosecution of all
persons who may be CONCERNED in case of
the death of testator by violence. The prob
able instigator of the anticipated act of vio-
lence is said to be revealed in the provision.
Another paragraph in the will, it is said,
made provision of fund for the benefit
of young women who, the will declared,
suffered treatment at the hands of the dead
man similar to that of his wifes
The reports concerning the will even go
so far as to say that the names of Mr.
Whites alleged 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 Pitts
burg who will be asked as to the inter-
lineations made in the will, and 1t Is ex-
pected to prove they were put there at the
time the testament was signed. Failing to
show that each one of the interlineations
can be remembered by the witness, Mr..
Delmas will offer the codicll to the Will,
which is in the defendants own hano-
writing without interlineations. 1t Is not
known whether or not all the
allegations to Stanford White are in the
codicil. but it is said that some of them
are.
Thaw's will made provision for Howard
Nesbit, Evelyn's brother, who, 1t has been
will take the stand in opposition
to his sister. Young Nesbit has been IN
constant attendance at the trial In company
with the late Stanford Whites secretars"'
but never has gone near the group OF ina"
relatives. The rest of Thaw's property
was to go to his wife.
Evelyn's Mother Barred.
Mrs. Evelyn Nesbit Thaw also signed q
will on the night of the wedding, and 1t Is
believed that in 1t she carried out her
stipulation that none OF her rela-
t,yes save her brother. should have any OF
his money. Several of Thaw's unusual and
letters introduced in evidence
have frequently referred to his determine
ton that Evelyn's mother should not have
any share In his property whatsoever. In
the event OF his vile 8 0eatn tne property
should revert to the William Thaw estate.
If the will is finally admitted In evidence
Mr.. Delmas may then ask to recall Mrs.
Thaw to finish her narrative. Thaw's
counsel do not like the ide;- of the inter-
ruption to her story continuing over any
considerable duration of time. Should MI.
Jerome again protest, the several alienists
other than Dr. Wiley employed by the de-
tense will be placed upon the stand. They
will be shown Harry Thaw's letter to his
lawyer and to his wife and then will be
confronted by hypothetical question en-
bracing the wife's story of her experience
with Stanford White. the other details sur
rounding the case and ultimately the shoot
ing of White on the Madison Square Garden
roof.
The defense will have broader founda-
ton for the Hypothetical question when its
next alienist is put on the stand, and SO
will be able to anticipate the disaster of the
first day. 1t was said tonight that District
Attorney Jerome's cross-examination OF
Mrs Thaw will be brief. Dhe district at