Los Angeles herald., 1907-02-20
MRS. THAW To
Be PROTECTED
BY ATTORNEY
Many Objections Are
Expected

Story Appear False Promises
to Bring on a Duel of
Words
! BY Associated Press
NEW YORK, Feb. 10.-Mrs. Evelyn
Nesbit Thaw today entered on the or
deal of her cross~examination, and be-
fore District Attorney Jerome had had
the witness i'm charge half an hour he
had secured from the court a ruling
which apparently opens the way for
bringing into the trial of Harry *.
Thaw all manner of evidence which may
tend to discredit the defendants wife.
Heretofore it has been held that the
rules of evidence protected young Mrs.
Thaw and that, regardless of whether
her story was true or false, the fact
that she had told it to her husband was
the one essential point.
Mrs. Thaw has been allowed to repeat
the story so that the jury might judge
as to it's effect in unbalancing the mind
of the man on trial for the murder Of
Stanford White.
Mr.. jerome by a simple question
opened the way for the Introduction Of
testimony tending to show the truth or
falsity of Mrs. Thaw's story. He asked
the witness:
Asks if Story Is True
WAS the story you told Mr.. Thaw
true?"
ut was" she replied firmly.
Mr.. Delmas, Thaws leading counsel,
objected strongly to the question, but
Judge Fitzgerald held it to be compe
tent as tending to show the credibilty
of the witness. Whether Mr.. Jerome
intends to take advantage of the ruling
in an attempt to throw doubt on the
truth of the story of whether Justice
Fitzgerald intended his ruling to cover
the whole subject of Mrs. Thaws evil
dence, the future conduct of the case
alone can determine.
Mr.. Delmas will continue to fight with
constant objections the introduction of
any testimony as to any events in the
young woman's life, but the subject of
the credibility of a witness is a wide
one, and Justice Fitzgerald today indi-
Gated that he would be liberal in his
Interpretation of the rules.
Fitzgerald Is Liberal
He allowed Mr.. Jerome to secure from
Mrs. j. j. Caine of Boston, rrlenu of
Mrs. Thaw, who took the witness stand
| during the morning session, many ma
terial points as to the movements of
Harry Thaw and Evelyn Nesbit follow
ing their return from Europe in 1904, in
Guiding the published incident of their
being elected from the Hotel Cumber-
land in this city-the proprietor insist
ing that they should register as man
and wife or leave their suites which
adjoined.
In bringing out these facts Mr.. Je-
rome denied that he was attacking Mrs.
Thaw today, desiring to have the mat
ter postponed until Thursday morning
in order that he might determine
whether further examination of the
witness was necessary on the issues in
volved in the case.
after I have looked further into the
case 1 may decide to cross-examine
Mrs. Thaw," Mr.. Jerome stated to the
court, "or waive my right. When all
the testimony as to the insanity of this
defendant is in it is possible 1 shall be
honestly of the opinion that he was in
sane at the time this act was COM
mitted. I do not propose to take up
the time of this court and this jury in
contending-"
Mr.. Delmas interrupted. He wanted
to know if the district attorney meant
that If he was honestly convinced that
Thaw was insane when he shot Stanford
| White he would abandon the prosecu-
tion.
Promises Nothing
81 promise nothing" retorted the
prosecutor.
wordy conflict ensued during which
Mr.. Jerome hinted at broken confidence
or evasion of the stipulations He de-
clared he did not wish to humiliate
the witness with a cross-examination
which he did not deem necessary.
However, if I am forced to do so I
will said Mr.. Jerome with something
of a menace in his tone.
you may proceed" replied Mr.. Del
mas.
Mrs. Thaw moved nervously and
awaited Mr.. Jeromes opening ques-
tions. They having to do with her
| signing some papers, some of which
the prosecutor declared were receipts
for money Mrs. Thaw had drawn from
the Mercantile Trust company in 1902.
$25 a week. Delmas protested against
these statements and noted an ex-
ception. Mrs. Thaw said she was not
sure that all the signatures We're her
own. they looked very much like her
writing, she added.
Answers Always Ready
Who provided the money at the
Mercantile Trust company was not de-
veloped.
Mrs. Thaws confidence grew as the
cross-eXamination went on and she was
always ready with answers. Mr..
Jerome, under the plea of testing her
credibility, was allowed to ask many
pertinent questions. He wanted to
know when she first heard that she
| had been named as a correspondent in
the George w. Lederer divorce case.
Mr. Delmas quickly objected. Mrs.
Thaw whispered something In his ear
and the attorney withdrew his objec-
ton.
"I read of it in the newspapers"
said the witness cheerily, when Mr..
Jerome repeated the question.
The prosecutor sought to show that
Mrs. Thaw had gone to Abraham Hum