Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-07
COURT SUSTAINs DELMAs.
District Attorney Jerome Does Not
Have So Much SWAY.


ion Thaw,s manner after shooting White
was rational or irrational The district at
torney cite / half dozen decisions which he
declared upheld his contention that Green
was not proper witness to testify as to
Thaw's mental condition.
Jerome is overruled.
Justice Fitzgerald overruled Mr. Jerome's
objection and Mr.. Green was directed to
answer the question.
Thaw's actions were irrational" he de-
clared.
Mr.. Jerome took up the cross-examina-
ton.
Have you ever had any experience with
insane persons?"
mo, sir"
On being further questioned Mr.. Green
said he had not had any previous experi-
ence with such tragedies and that he did
BY your testimony were you character
izng Thaw's mental state or his conduct ?"
asked Mr.. Jerome.
His conduct"
den for pleasure, but that he wrote a story
OF the tragedy, which was published in
his paper the following afternoon.
mi. Green said that he was attempting
20 give mis- Impressions they were formed
AT the time OF the shooting He said that
ne mad heard. discussed and written a great
deal about the case. He had a very pro
nounced opinion in the case, but did NOT
link II mad influenced his writings
Mccaleb Called to Stand.
Thomas McCaleb, who was one of Thaw.s
companions at dinner the evening of the
Tragedy, next was called to the witness
seano. McCaieb Is well-set- up young
man OF smooth face and light brown hair.
He said he is from San Francisco and in
of
Garden roof. a1"'e
Who were in the party?"
Beale and myself"
What time did you reach the roof gar
DEM"
about $50 PM"
The witness described where the party
when did you leave the roof"
During the second act. was walking
out with Mrs. Thaw, and just as we reached
an archway three pistol shots struck upon
my hearing'-'
no. Was ss THAI, Thaw with you and his wife or
1--WE were in the lead of the party: I
don't know where Thaw was. When /
heard the pistol shots. turned around
and heard Mrs: Harry Thaw exclaim: My
There she stood. pale and tremulous
and apparently astonished. The next thing
I remember was-but, mark you. did not
see 1t myself
Tell US only what you saw" corrected
Mr.. Delmas.
Thaw standing with revolver held over
his head. The butt of the pistol was up"
Which hand was the pistol in?''
II don't remember"
''VVhat elseT'
Mrs. Thaw exclaimed oh. Harry. what
have you done? Why did you do it?'
"He said: 4 have saved your life Then
he kissed her He also said other things,
but in the all-pervading excitement of the
place I did not hear them.
Thought Thaw Irrational.
81 turned to Mr. Beale and said: He has
killed a man. I did not know who it was.
Then got into the elevator with Mr.. BeaIe
and Mr.. and Mrs. Thaw and the man who
had Mr.. Thaw in charge. At the sidewalk
he was turned over to policeman. He
said to me;-sFake my wife to the Hotel
Lorraine and telephone Carnegie 1 could
not understand the first name"
From what you saw and heard was Mr..
Thaw. in your opinion, rational or IRA
tional?
Irrational
Mr. McCaleb said that he and Mr. Beale
dined with Mr.. and Mrs. Thaw the night
of June % at the Cafe Martin, where they
arrived at about 7:40 O'Clock.
During the course of that dinner" asked
Mr.. Delmas, did you notice any sudden
change in the appearance Of the lady?
District Attorney Jerome objected and
was sustained.
Ibid you notice any, communication be-
tween Mrs. Thaw and her husband at the
tablet" asked Mr.. Delmas.
81 remember she asked him for q pencil
and afterward she passed him folded
paper"
ibid Mr.. Thaw make any remark
"Not that heard"
Ibid you notice any change in Thaw's ap-
pearance?"
81 did not pay much attention.
1--WE understand" said Mr.. Delmas, chat
the note from Mrs. Thaw to her husband L.
In the hands of the learned district attor-
ney. I now call upon him to produce the
paper"
A Dramatic Silence.
There was dramatic silence in the court
room. Mr.. Jerome sat tugging away at his
short, stubby mustache. He did not move
a muscle of his face. He appeared to be
oblivious to the, command OF the defense.
After waiting some little time In silence,
Mr.. Delmas continued:
II take 1t, your honor, that the action
of the learned district attorney In not re-
plying Is not an act Of discourtesy, but
his conception Of what are his duties In
this matter. shall, therefore, have to try
to get something about the note In evi-
Turning to the witness. Mr.. Delmas said:
do you know anything Of the contents
Of that note?''
"No"
taurant as to whether you should remain
there any longer or whether you should 90
to the roof garden?s
Mr.. Jerome objected and was sustained.
How long have you known the defend
antr' asked Mr.. Jerome.
Some years"
ssWhere?'