The Washington herald., 1907-02-11

New York. Feb. I0-When the Thaw
trial is resumed tomorrow morning, the
lawyers for the defense will continue
their efforts 10 have the viii and codieil
signed by Harry X. Thaw on the night
of his marriage to Evelyn Nesbit intro
duced as evidence of the prisoners un-
sound mind.
Lawyer F. G. Perkins, Of Pittsburg.
who drew the viii in its original form,
and the two witnesses 10 Thaw's sigma
ture viii probably be put on the stand
by the defense. Miss Frances r. Pierce,
enc of the witnesses to the viii. was on
the stand on Friday, but District Attorney
jerome contended that her statements
were not SUFFICIENT tc sustain the au-
thenticity OF the document and his con-
tention was upheld by the court
Changes in the Thuvv VIII.
The statements in the viii which refer
to Stanford White are said to be in Thaw' S
own handwriting. in the form Of intcrpo-
lations and additions. The defense will
seek 10 prove that these interpolations
were not, and could not have been, added
by Thaw after the murder Of White.
Lawyer Gleason, 81 counsel for the de
fcnse will go on the stand TO testify III
regard to that point Tt is said that Mr..
Gleason has had the will and the codicil
I'm the exact form in which it now ap-
pears in his possession since June 26. the
day after the shooting on Madison Square
Roof Garden
David b. Carvalho. the handwriting eX-
pert. also may be called by the defense
TO identify the writing as Thaws. The
prosecution viii probably Try 10 show that
neither of the witnesses to the VIII or
the lawyer who made the original draft
knows anything definite about the time
when Thaw made the additions to the
document
Mrs. Thaw May Not Resume at Once.
The lawyers for the defense have no
doubt that they win be able TO get the
will into the evidence. and they are Of
the belief that it viii prove TO be q strong
card in favor Of their insanity plea. The
entire day may be taken up with the
effort TO get this document before the
court and the district attorneys attempt
10 prevent it.
There is a possibility now that Evelyn
Nesbit Thaw win not resume her testi-
moay until after three cf the Thaw alien
lists. Dr. B. D. Evans. head of the New
Jersey State Asylum for the Insane; Dr
Hammond. ana DIT. Charles g. Wagner
have told the jury what they think of the
defendants mental condition.
such q course on the part Of the defense
would meet the objection which the district
attorney raised toward the close of Fri
days session of the court, when lawyer
DeImas sought 10 have Mrs. Thaw tell OF
other girls whom her husband had said
Stanford White had ruined Such tcsti-
mony. NIr. Jerome said. would be gossip
of the TenderIoiu." and he protested
against the further defaming Of a dead
mans name. at least until there had been
n preliminary foundation laid for the
claim that Thaws mind was unsound.
Mr. Jerome diGnt consider DR.. Wiley $
testimony as furnishing that foundation
MT Dclmas assured the court that the
defense had no desire TO drag any un-
necessary scandal into the case. IL was
said to-day that counsel for the defense
would stTH insist upon having Mrs Thaw
tell what her husband had said 20 her in
regard to Stanford Whites relations with
other young women. but the order Of TAX
ing the testimony might be changed.
How Jerome VIE Proceed.
District Attorney Jerome remained in
town over Sunday. He held several con-
ferences with witnesses who are under
subpoena for the State but refused to
make any comment on the case. one re-
port had it that the district attorney. in
combating the insanity plea, would set up
the contention that everything which
Thaw had done could be accounted for
on the ground of jealousy. which didn't.
however, blind his sense Of right and
wrong.
In dealing with the story which Mrs.
Thaw has said she told her husband, the
district attorney, when he cross-examines
the witness. win. il is said try 10 show
that it would be practically a physical
impossibility for Mrs. Thaw to have re-
membeTed in as great detail as she related
the things which occurred at the Paris
meeting between her and Thaw 1t is
known that the district attorney is going
through Mrs ThaW'S testimony with a
tine toOthcomb in search of every pos
sible clew that viii furnish any ground
for testing the credibility. As 10 the al
legged facts contained in Mrs Thaw's
ltSilitohAr It tdl3- III GtulSts 40 HtilING-
10 cOntrovert them.
Lawyer Delmas. of counsel for TEaw.
was out of the city to-day. Mr. Gleason
and Mr. Hartridge conferred I'm the morn
ing, but neither of them visited the pris-
oner. None of the members of the Thaw
family either. visited the To1nbs The
prisoner spent "A restful day. and. accord
ing to the keepers, was in better spirits
than he has been at any time since he
began To listen TO his Wifes recital Of her
terrible experience.
Sunday With Prisoner and Jury.
The prisoner didn't attend the chapel
services. but spent most Of the morning
in reading the papers. In the afternoon
he did some fast walking. for exercise. up
and down the tier The keepers say that
he covered several miles before he finally
called it of and took TO reading a dozen
or more messages that had been sent
him by friends The most of these mes
sages urged him TO be brave, and ex-
pressed confidence that he would go free.
Thaw told one Of the keepers that his
wife seemed to be in pretty bad shape
when she called on him Saturday. but
that he thought a rest over Sunday would
restore her.
The twelve jurors spent their usual
peaceful Sunday at the Broadway Central
Hotel, with the exception of about two