The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-11
IN REBUTTAL.
Mr.. Jerome Begins the Real
Business of Thaw Prosecution.
His First Efforts Blocked by
Mr.. DelmaS.
HAS THREE ALIENISTS
Ready to Testify on Behalf Of
the State.
Will Also Place Mae Mackenzie
on the Stand.
Has THREE ALIENISTS

New I ork, March 11.-Lining up
his forces in rebuttal in the case OF
Harry K. Thaw. Ditrict Attorney Je-
rome began today an endeavor to lay
the foundation for the introduction Of
| the affidavit said to have been made
by Evelyn Nesbit in the office of Abra-
ham Hummel. He was blocked at
every turn, however, by objections
from Mr.. Deimas, leading counsel for
| the defense, and soon switched to the
testimony of policemen who saw Thaw
the night of his arrest and who de-
clared his actions to them seemed to
be those of a rational man.
Mr.. Delmas asked one of the officers
! If he had not overheard Thaw in his
cell say he had heard the voices of
| women crying out.
| The officer said there had been
such statement in his hearing.
Testimony in Rebuttal.
| New York. March 11.-With the
Thaw trial entering the eighth week
today. District Attorney Jerome began
| the real work of the prosecution-the
Offering of testimony in rebuttal of the
| defense built up by Thaw's attorneys.
! The states case in chief which was
| concluded in less than two hours after
the jury panel had been completed,
consisted simply of the testimony of
eye witnesses to the tragedy.
The first witness called by Mr.. Je-
fellow, one of the Thaw family attor-
neys, who was called by the defense
some time ago to identify certain let
ters which Harry K. Thaw wrote to
him in 1903. Today Mr.. Jerome want
ed him to identify letter handed him
by Evelyn Nesbit Thaw upon her ar
rival from Europe late in 1908.
Mr.. Longfellow met Mrs Thaw at
the ship when it docked October "a.
Mrs. Thaw on the witness stand had
said she could not fix the date or the
name of the steamer.
Mr.. Longfellow said he had acted as
Thaw's attorney for some years, prior
to June 25. 1906.
.Did you represent this defendant in
the suit of Ethel Thomas against Har-
ry K ThaW?" saked Jerome.
Mr.. Delmas objected but Justice
Fitzgerald said the witness might an
swer yes or no. s5srr.s
my Arm handled the case said
Were the papers served on this de-
fendant?"
Again Mr.. Delmas objected and Dis
trict Attorney Jerome had to argue the
point. He said the contention is that
Thaws mind was unseated by his
wife's revelation of what Stanford
White had done to her and to other
young women.
TT has been said that alleged acts
of perversion by Stanford White add
ed to the fury of his mental unbalance.
/ want to show that he knew all about
in the complaint in this suit by Ethel
Thomas, the papers of which were
served upon him.
Mrs. Evelyn Thaw had testified that
Ethel Thomas affidavit by Abraham
Hummel. who said the case had been
dropped because of the character or
the complainant.
Attorneys Clash.
Mr.. Delmas, replying to the district
a4% quoted some
length from Jerome's statement at the
beginning of the trial when Evelyn
Thaw was on the witness stand, that
her testimony was permissible only as
showing Thaw's state of mind and that
he would not be allowed to contra
dict it, a.
would have no objection to his attack
ing the truth of the wife's story
Nov do you object?" snapped
Jerome.
our offer to waive our right when the
story began" retorted Mr.. Delmas.
Mr.. Jerome declared that Mr.. Del
mas argument did not cover the point
at issue. 1t was the effect OF Evelyn
Nesbits story on Thaw's mind ne was
attempting to contradict.
II am not trying to show that Ethel
Thomas accusations were true salo
Mr. Jerome. THAT would be a collat-
eral fact anyway. This poor girl is now
Mr.. Delmas objected to the reference
to the Thomas girl as poor girl and
the statement that she is now dead.
Mrs Thaw herself testified that sne
is dead said Jerome. who withdrew
the adjective poor"
Mr.. jerome said more than two years
before Evelyn Nesbit told Thaw the
story which is said to have unbalanced
his mind he knew all the eVil pracuces
of men in New York.
Mrs. Thaw herself says she was told
tn. story of Thaw tying young wo-
man to a bedpost and beating her. That
is the story of Ethel Thomas" declared
the district attorney.
Mr. Delmas arose to protest. Il must
object to the learned district
attorney testifying in this case and
beseech him not to continue to give the
Jury as facts his understanding OF the
points at ISSUE" said Mr. Delmas,
Justice FITZGERALD instructed the. jury
tn be guided only by the sworn testi-
monv of the witnesses and added that
he was prepared to rule.
The question was repeated as to
whether the papers in the Ethel Thom-
as case were served upon Thaw.
"Obtection sustained" ruled the court
The Ethel Thomas Letters.
ssDid there come into your possession
at any time letters written by this de-
fendant to Ethel Thomas?" asked Mr..
Jerome.
MI Delmas objected on the ground
that any such letters must have been
written prior to 1903, and therefore had
nothing to do with the sanity or in
sanity of the defendant
why. your honor" said Mr.. Jerome,
the defense has traced this mans dis