Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-11


minute details back to and prec ,ding the
ing.
Justice Fitzgerald sustained the objection.
Mr.. Delmas asked II he was to understand
that the courts ruling on specific questions
was to indicate that no further questions
along tn line Of conversations between the
witness and the defendant were to be al
lowed.
II think counsel should be guided by the
spirit Of the courts ruling as well as the
letter." suggested Justice Fitzgerald.
II do not desire for an instant to trans
gress the spirit of the courts ruling" said
Mr.. Delmas, land upon the slightest init
nation that the spirit Of the rulings is as
indicated. will desist"
Other Objections Sustained.
1.-The court has gone as fully into the mat
ter as it DESIRES said the judge.
Did you attend the theater with Harry
Thaw and a lady In this city in 1897
asked Mr.. Delmas of the witness.
Mr.. Jerome again objected on the broad
ground that some alienist should first show
that Harry Thaw was of unsound mind at
the time of the occurrences covered by the
questions of counsel and that the stories
told him might have affected his mind in the
way counsel desired to indicate.
The objection was sustained.
What effect upon Thaw did the presence
of Stanford White have?' asked Mr.. Del
mas.
Again Mr. Jerome objected and was sus-
tanned
Upon your return from Europe in 1904.
on a North German Lloyd steamer, was MT.
Thaw present on the steamer
YES sir
About the Pie Girl.
when on the steamer do you remember
whether Mr. Thaw told you anything about
a certain young girl and what happened to
her at the hands of Stanford Whittier
Yes"
The court sustained another objection by
Mr.. Jerome. and the witness was not al
lowed to tell the story.
"In Paris" asked Mr.. Delmas, Did you
tell Mr. Thaw about young woman who
was known between you as The Pie Girl!'
Yes"
Mrs Thaw was not allowed to detail this
story either.
when did Mr. Thaw make his last pro-
nosal of marriage to you, the one which
you accepted"
II think it was about April 1, 1905.
What did he say to you at that time!
Again the district attorney oo]ecteo anu
was sustained.
A document was shown Mrs. Thaw, VINO
said that it was first shown to her by harry
Thaw in January, 1906, she thought.
Not Allowed to Answer.
"Did he make any declaration regarding
1t at that timer
Another objection was sustained.
Ibid YOU ever hear Mr.. Thaw refer 10
statements he had made to the Society TOT
the Protection Of Children or for the Sup
preston of Vice?'
Mrs. Thaw was not allowed to answer
Mr. Delmas then announced that as the
courts ruling prevented him from going
further into these matters because OF d
lack of preliminary foundation, ne "ould
ask leave to withdraw the witness FOR the
time being and proceed along other hnes'
reserving the right to recall Mrs. ina"
later.
He probably will attempt to lay the re-
ouired foundation as to insanity of the de-
PENDANT by the introduction OF the testl-
mony of alienists, who have been constant
w in attendance in court since the trial
opened.
The Courts Rights.
The Judges rulings today followed that
of Friday, when, on Mr.. Jerome's ob1ec-
ton. he. held that in a case of this sort 1t
must be shown that there Is reasonable
doubt as to the mental soundness OF the de-
tendant at the time Of an occurrence before
cumulative evidence as to the cause OF any
of mind may be introduced.
AS the judges rulings are all based on
the courts right to use his discretion as
to the order in which proof must be Of
fered and do not go to the subject matter
Of the questions asked, If the defense is
able to make out a prima facie case OF
mental unsoundness at the time of the
shooting or prior thereto, then it Is under
stood that evidence which has been exclud-
ed will be admissible.
District Attorney Jerome agreed to the
temporary withdrawal of Mrs. Thaw, and
Mr.. Delmas asked for an early recess In
order that he might prepare for the new
line of evidence.
Recess was ordered at 1890 p. m. to pm.