The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-02-09
Jerome Ia Barred From Dis
proving Mrs. Thaw's Story.
Truth or Falsity of 1t Makes
No Difference.
EFFECT ON THE MIND
OF Her Husband Is the Point at
Issue.
Substance of the Will Which
Was Ruled Out:

the witness stand in the defense OF hel
husband, was the principal subject o.
discussion when court adjourned latt
yesterday until Monday morning Mrs
Thaw's direct examination has con
tinued almost without interruption Iol
two days and there is as yet no sigI
of the climax the moment when the
ATTORNEYS for the defense will turn hel
over to the tender mercies OF the ols-
trict attorney for cross examination
The district attorney has a dineren'
problem to face in this cross examina-
ton. With the truth or falsity of the
stories the witness has testified she
told her husband, he has nothing 70
do. The statement that she told him
these things. Mr.. Jerome can not pos
sibly disprove. His strongest chance
in cross examination is to make her
stumble in the story as she has told II
with the gentle guidance of her nus
bands attorneys or compel her to ad-
init to telling him other things about
her past life which would tend 10
minimize in his mind the effect of the
story of her relations with Stanford
White
He can introduce evidence if he has
1t generally affecting her credibility
as a witness, but as for the main
statements in her testimony-the
stories which made her recital per-
hapS the most striking ever heard in a
court in this city-Stanford White
on the witness stand and deny them.
The point in the case is not as to the
truth of these stories. but as to
the effect on Thaw's mind.
This fact was impressed on the jury
yesterday when the court, at the re-
quest of the district attorney. Informed
the jury that under the law the prose-
cution could not introduce evidence
statement that Evelyn Nesbit Thaw
has made except the statement that
she told her husband all the things
she has testified to. r~
That Mr.. Jerome will strenuously
object to the further Introduction of
what he termed "tattlings of the ten
derloin" was plainly shown late yes
terday when he claimed. and was sus-
tanned by the court, that as yet there
had not heen any evidence to show
that eThaW is now or ever was insane
and that unless this was shown any
more of these stories would be entirely
immaterial. This ruling by the court
may bar,any other stories that Evelyn
Thaw may have to tell until such time
as it has been shown that there is a
reasonable doubt as to the proper
balance of Thaw's mind at the time of
the shooting.
If this is done then the food gates
are likely to be opened to the admis-
sion of almost anything that Thaw
may have told his wife or she told
him. or that he heard in any way that
to any extent might have contributed
to the unbalancing of his mind. Sew
eral attempts were made yesterday to
show that Thaw was of unsound mind,
but the district attorney was success
full in blocking them for the time be-
ing. Thaw'S attorneys stated last
night that Mrs. Thaw would again as
sumo the stand Monday morning on
direct examination, but to what she
would testify they were not prepared
to state.
1t is expected that Mr.. Delmas will
make a vigorous effort on Monday to
introduce Thaw's will in evidence. It
is believed to be strongly relied upon
to show the effect upon Thaw of the
stories related to him by Evelyn Mes
bit 1t is said to have been written on
loose sheets of paper. partly typewrft-
ten and partly in handwriting with
many interlineations. According to a
report today. the will is expected to
show that Thaw feared assassination
that the sum of $4,000 be devoted to
the prosecution of his ASA ssin, or the
investigation of his anticipated as
sassin.
aside a fund of $75,O 900 for the care of
women whom he believed to have suf-
fered through Stanford White The
names of these women are reported to
be given in the will. 1t is also report
ed that the will contains a provision
for the education of Howard Nesbit
Mrs. Thaw's brother. and that an al
lowance was made for the care of
Evelyn's mother during her life
The income from the remainder of
the estate was bequeathed to Mrs.
Evelyn Thaw.
Counsel for Thaw today not only de-
clined to make public the text of the
will but declared the alleged pro-
visions of it made public were mac
curate.
Evelyn Nesbit Thaw visited her hus-
band today in the ToomDs. accompan-
he'd by A. r. Peabody and John B.
Gleason of Thaw's counsel. The four
had a long conference in. the counsel
room of the prison. Mrs. Thaw APP
her husband also seemed to be in a |
pleasant mood He would not discuss
the progress of his trial. however.
Some of the jurors are beginning to |
chafe under the close restraint In
which they are held. They are denied
practically every liberty and are per
mitted to leave the hotel for exercise /
only when all II wish to go. Then
hey are taken out under close guard |
This condition resulted today in what |
developed into rather an unpleasant |
lisa greement between the u men. ]
bout half the number wanted to go |
,ut for a walk during the forenoon. as
hey missed the usual walk down to /
he criminal courts building. The
,thers had no desire to go out They
we're weary as a result of the trying /
laws in court and preferred to lounge
Lround in the hotel. A lengthy con- |
erence and much. argument brought |
10 result and then the men who want
ID to go out appealed to the officer IN
.harge. He told them that he was