The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-02-20

cross-examination of Mrs. Evelyn Nesbit
Thaw- He didn't want to do it just then,
but he was forced into it by Delmas, her
husbands COUNSEL 1t was only after a
bitter argument between Jerome and
Delmas that took up the cross-examina-
ton.
Young Mrs Thaw had been on the
stand at the morning session and she
was recalled again in the afternoon TO
identify a letter written by her mother.
That disposed of, Delmas announced that
lie was ready for crOss-examinatiOn. It
came as ii surprise 20 Jerome who seemed
to have the understanding that he could
resist the right 10 cfOss-examine her
after other witnesses, especially experts,
had testified. But Delmas said that there
was no such understanding on his part.
This brought from Jerome a statement
in which he practically accused Delmas
of not telling the truth, adding that here
after there would be no stipulation made
with counsel for the defense unless il
was in open court and on the record. He
said very positively that If he was con-
WINGED by medical testimony that an
honest case of insanity has been made
out for Thaw he would no longer take up
the time of the court.
Jerome spoke with great feeling, saying
that he did not want to subject Thaw's
young wife 10 the terrible ordeal Of a
contamination unless it was abso-
Iutely necessary. He said ne knew that
TWO of Thaw's doctors had important tes-
tmony that might have great bearing on
the case, as he had examined them him
self with the consent Of Thaw's counsel.
But the intimation from Jerome's talk
was that il would have to be shown that
Thaw is now insane and then he would
ask for a commission in lunacy-
jerome scores Point.
During the brief examination that
Jerome put young Mrs. Thaw through
this afternoon, he asked her if the story
that she told Thaw was true. This queS-
tion was objected to by Delmas, saying
that il had nothing 70 do with the case,
but Justice Fitzgerald allowed it, She
said it was true. This. it is believed,
opens the way for wide latitude in ex-
animation by Jerome.
Winding up her direct testimony Mrs
Thaw said that she told her husband that
her constant companion, May Mckenzie
told her that White had said after her
marriage to Thaw that their love would
not last long and that 4 win get her
back
While she vas on the stand the state
ment written by Thaw to Anthony Com
stock was admitted in evidence In It
Thaw spoke of dens of vice. two Of them
where rich criminals took their vic
tins, young girls,
II is evident that the defense will at
tempt 10 get IN evidence a lot of letters
written by White They We're ident-
fled by Mrs. Thaw to-day. but they have
not been admitted in evidence yet The
letters We're not written to Mrs Thaw,
bat to another young woman.
Honest Case of Insanity.
The session after luncheon bristled
with interesting moments. The district
attorney told the court that the moment
he became convinced that an honest case
of insanity had been made out on be-
half of the defendant he would cease
to waste the courts time by contending
otherwise
Delmas tried to pin the district at
this line He wanted to know if Jerome
would abandon the prosecution If he be-
came convinced that Thaw was insane
on the night of June =.
Jerome was too alert 10 be caught I'm
that style however. and replied that he
was addressing the court and not Delmas.
He did not say whether ne would require
10 be convinced ON Thaw's insanity on
June = last, or at the present time
From the general drift Of his examina-
tion of the expert witnesses. however. II
appears most unlikely that he will aban-
don the prosecution OF the case unless Il
is conceded that Thaw is insane at the
present time.
Nor viii he be likely tS miss the chance
of asking that commission in lunacy be
appointed to examine Thaw should the
testimony Of the defense at any time
give him a reasonable excuse for so do
ing. The entire tendency of Jerome's
questions 70 the medical men has been to
confirm the belief that the district at
t0rney holds that if Thaw was insane
when he shot White he is insane now.
and should be sent to an asylum; and that
if he is not insane now, ne was sane
when he shot White.
skating On Thin lee.
There were moments this afternoon
when both Jerome and Delmas we've
skating on thin ice, and seemed likely
TO break through into the bitterest sort
of personalities. The two lawyers got TO
disputing about whether the cross-exam-
ination of Evelyn Thaw should be under
taken at once. Jerome said that he. Del
mas had a stipulation that it should go
over for the present. Mr.. Delmas said
that this understanding went no further
than putting off the cross-examination
until the afternoon session
My recollection differs totally from
that of counsel said Jerome. and he
added that hereafter he would have no
dealings with counsel for the defense
except such as went on the minutes
The district attorney seemed to ap-
prOach the cross-eXaminati0n of Evelyn
Thaw with the greatest reluctance. He
stated Ia the court that he had hoped
that it would be possible not 10 cross
examine her at all, but he could not be
sure of that until the defense had put in
all its testimony as to facts. That was
why he wanted 10 postpone the cross
eSamiration. He had no desire to sub
icct the witness TO such an ordeal as
CONTINUED on NINTH PAGE.