Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-27

Continued from First Page.)

O'Reilly of counsel for Thaw, led Mrs
Thaw and Mrs. Game from the room
, Mrs. Thaw did not get a chance to speak
to her husband. Mr.. Jerome then stated
that he had overlooked one point in his
cross-examination of Mrs. Thaw, and asked
that she be recalled for few questions,
stating that it was not merely matter
affecting the credibility Of the witness, but
a matter which he might wish to attempt
to controvert on rebuttal, and he wished
to lay foundation for such action by call
ing attention to the matter. Mrs. Thaw
was therefore recalled.
May Call Howard Nesbit.
BY his first question Mr.. Jerome indicated
that he intends to call Howard Nesbit to
the witness stand to contradict his sister.
The prosecution is allowed to contradict
traversible or material facts, but cannot
controvert collateral facts.
Did you see your brother at Marien,
Mass, after your return from Europe in
1902" asked the district attorney.
II did not" replied Mrs. Thaw.
Where did you see him.
'In New York"
did you tell him in substance that while
you were abroad you had been brutally
dDuSco ny 1udW, WIZ hau tIicu " iuuuCc
you to tell lies against Mr.. White to the
effect that Mr.. White had drugged and
seduced you, which statements you then
and there told your brother were false?'
II did not
at a pistols point had compelled you to
make statements against white?''
II did not
"A nd that tho stat Eoc
Il did not
The Brothers Story.
did he not ask you If you feared vlo-
lence, and you said you did, and he said
you should arm yourself for protection?'
Il remember no such conversation"
did Ire not say you should have a re-
volver?'
He did not
Didn't he buy you a revolver
He did not
Didn't you give him money to buy you
revolver?'
Il did not
THAT is ALL said Mr.. Jerome. Mrs
Thaw stepped down and left the room.
DIR. Charles F. Bingaman of Pittsburg
the Thaw family physician followed Mrs.
Thaw on the stand. Under the guidance of
Mr.. Delmas he told of seeing Thaw on No
vember &c. 1903, at which time he was very
nervous and melancholy. He was sleeping
and eating very little and seemed very
much changed from his former condition.
He had known Thaw from childhood and
he was formerly of a buoyant nature.
On August II, 1906, the witness called on
Thaw in the Tombs and again saw him
September II.
Thaw Had Decisions.
He was not sleeping we'll and was
nervous. He had decisions, among them
that there were conspiracies against him
having as their object either his railroading
to an insane asylum or his death
Mr.. Delmas was about to lay a founda-
ton for the questioning of Dr. Bingaman
| as an expert, but Mr.. Jerome interrupted.
1T Is not necessary, Mr. Delmas I'd
sooner have as to this defendants insanity
| the opinion of a general practitioner who
has known him for thirty years than the
opinions of all the experts there are-with
due respect to my own and he smiled at
Drs. Flint. Macdonald and Mahon. who
daily sit beside him.
DR.. Bingaman said he believed Thaw was
| Irrational and laboring under decisions
Newspapers had been woven into the cell
bars to keep the draft out. and Thaw told
| him the authorities were allowing the wind
to blow in on him SO that he would con-
| tract pneumonia and die, and thus prevent
his case coming to trial.
Trying to Decide Course.
Dr. Bingaman felt Thaw's pulse, and told
| him, when he asked about it, that the pulse
was bit irregular. Thaw replied that this
was a condition that had followed 1.-The act
of Providence"
Mr.. Jerome here began his cross-examina-
| ton by asking as to the faint of insanity
| in Thaw's family. Mr.. Delmas Immediately
objected, on the ground that this was not
proper cross-examination.
Il want to find out what tendency there
is to insanity in this mans family" said
Mr.. Jerome. Il want to get at the facts If
I find this defendant is crazy I'll say so''
IF Mr.. Jerome desires to prove that Thaw
was crazy on June % last we will admit it,"
rejoined Mr.. Delmas.
Il have the old-fashioned idea" replied
! Mr.. Jerome, that the district attorneys
Office is quasi-judcial and that he has a
right thoroughly to examine all witnesses
so as to decide his course
Sustains the Objection.
1.-THE district attorneys Office l. quasi
judicial said Justice Fitzgerald, land he
has the right to summon and examine wit
nesses, but when he comes into court he is
bound by the same rules of evidence as the
attorneys for the defense. l sustain the OBJ
lection.
Mr.. Jerome then said he would call DR..
Bingaman for the state rebuttal, and asked
permission to take his testimony in the
form OF a deposition.
Mr.. Delmas objected, saying the testi-
mony must be taken in open court.
Mr.. Jerome asked when the defense ex-
pected to conclude.
I'm good faith and not for publication"
said Mr.. Delmas, 1--WE expect to get through
this week.
Mr.. Jerome asked DR.. Bingaman to return
| next Monday In the meantime he pro-
ceeded to cross-examine him regarding his
visits to Thaw in the Tombs.
Gave Him Nerve Tonic
| DR.. Bingham said Thaw had not exhibited
any decisions or evidences of irrationality
| so far as he knew prior to the tragedy Of
| June % last. At his visit of August II
| he prescribed tonic for the