Milford chronicle., 1907-02-22
TRIES TO DISCREDIT
EVELYN'S EVIDENCE
District Attorney Starts to Cross
Examine Mrs. Thaw.
WILL BE HARD LEGAL BATTLE

How He Boasted He Would Get Her
Back-Jerome Reluctant to Begin
cross-Examination.
New York, Feb. 20.-Mrs. Evelyn
Nesbit Thaw entered upon the ordeal
of her cross-examination, and before
District Attorney Jerome had the wit
ness in charge for half an hour he had
secured from the court a ruling which
apparently opens the way for bringing
into the trial of Harry X. 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 had been allowed to repeat the
story so that the jury might Judge as
20 its 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:
was the story you told Mr.. Thaw
true?"
1T was," she replied firmly
Mr. Delmas, Thaw's leading coun-
sci, objected strongly to the question,
but Justice Fitzgerald held it to be
competent as tending to show the
credibility of the witness.
Justice Fitzgerald allowed Mr.. Je-
rome to bring from Mrs. J. J. Caine,
of Boston, a friend Of Mrs. Thaw, who
took the witness stand, many material
points as to the movements of Harry
Thaw and Evelyn Nesbit, following
their return from Europe in 1904, In
cluding the published incident of their
being elected from the Hotel Cumber
land in this city-the proprietor in
sisting that they should register as
man and wife or leave their suites,
which adjoined. In bringing out these
facts Mr.. Jerome denied that he was
attacking Mrs. Thaw. and said he was
simply testing the credibility Of Mrs.
Caine.
The district attorney seemed reluct-
ant to begin the cross-examination OF
Mrs. Thow, desiring to have the matter
postponed until Thursday morning in
order that he might determine whether
or not a further examination of the
witness was necessary on the issues
involved in the case.
after I have looked further into the
matter may decide to cross-examine
Mrs. Thaw." Mr.. Jerome stated to the
court. "or l may waive my right. If
when all the testimony as to the in
sanity of this defendant is in I shall
be honestly of the opinion that he was
insane at the time this act was COM
mitted, do not propose to take up the
time Of this court and this jury in
contending-"
Mr.. Delmas here interrupted Mr.. Je-
rome He wanted to know if the dis
trict attorney meant that If he was
honestly convinced that Thaw was in
sane when he shot Stanford White he
would abandon the prosecution.
81 promise nothing" retorted the
prosecutor.
Mrs. Thaw Was Nervous.
Mrs. Thaw moved a bit nervOusly
in the witness chair, and awaited Mr..
Jerome's opening questions. They had
to do with her signatures to certain
papers, some of which the prosecutor
declared were receipts for money Mrs.
Thaw had drawn from the Mercantile
Trust company in 1902-s25 a week.
Mr.. Delmas protested against the dis
trict attorney making these state
ments and noted an exception Mrs.
Thaw said she was not sure that all
of the signatures were her own-they
looked very much like her writing, she
added. Who provided the money for
the girl at the Mercantile Trust com
pany was not developed.
Mrs. Thaws confidence grew as the
cross-eXamination went on and she was
always ready with answers. Mr. Je-
rome jumped from point to point in
her story. and 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 jumped to his feet with
a protest. Mrs. Thaw called him over
to where she sat. whispered something
in his ear. and the attorney withdrew
his objection.
'T 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
mel for advice with regard to the di-
vorce proceedings, but was halted by
an objection from Mr. Delmas, which
the court sustained. Justice Fitzger-
aid said the question had nothing to
do with Mrs. Thaws story to her hus-
band. and did not affect her credi-
bilffv