Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-02-09
THE THAw TRIAL.
Continued from Page Two.)


"Why, Stanford White" replied Mr..
Delmas loudly, "who else?"
II appeal to your honor" said the
district attorney. that this mas gone iar
enough. Are there no limits to which
the defamation Of the dead may go.
The prosecution has no chance to con-
trovert one word of this testimony ana
Stanford White is dead"
"Ycur honor" replied MIR. Delmas'
eve contend that in proving the state
of this mans mind we have the I'M
doubted right to introduce evidence
which tends to show that fresh fuel
was added to the fire in things this de-
fcndant heard from other sources. we
will produce documentary evidence ex-
ecuted by Thaw himself showing ms
condition. I have no more desire 10
defame the dead than the living ana
believe my conduct of this examination
has shown this. I have no desire 10
say one word against the memory OF
Stanford White that my duty does
not compel me tc say. My duty Is TO
the living"
Mr.. Jerome replied: $50 FAR we nave
rot the slightest evidence to show that
the defendant was ever OF unsoQhd
mind in his life. / submit that this
is a matter which comes well wlthifi
the discretion of the court. II there
is evidence of the insanity OF the de-
PENDANT, it should be introduced no"
before this loose tattle of the TENDER
loin goes on, tattle that under the law
we are not allowed to controVert
Justice Fitzgerald said: would
suggest that this is the proper time for
tho introduction of the evidence coun-
sci refers to-"
Justice FITZGERALD explained to the
Jury the provisions Of the law which
in cases where insanity is pleaded as a
defense, prevents the prosecution from
controverting any statements made to
the defendant whether true or false.
Mr.. Delmas then began the intro
duction of a number OF papers and
documents.
Among several papers to the witness
to identify was Harry Thaw's will in
which he said to have left all his prop
erty to his wife.
Justice Fitzgerald identified Thaw's
handwriting on the papers. MIR. Jer-
orne went over the papers with the
witness in whispers. A full half houl
consumed before the papers were TOR
mally marked as exhibits. Mrs. ThaW
was then excused temporarily to allow
Miss Frances E. Pierce to be called tC
identify her signature as a witness to
the papers.
When Mrs Thaw left the court rorin
the door was blocked with people and
he offinnrc drove
the intruders out.
It developed from Mrs. Pierce's tes-
timony that one of the papers discussed
was the will of Evelyn Thaw. BotE
wills were executed on April 4. 1905. the
day of Harry Thaws marriage in Pitts
burg.
Miss Pierce identified her signature
and said on cross-eXamination that she
did not know whether all the matter il
the will as introduced was in thert
! when she appended her name. She was
simply asked to witness the signatures
! Of Harry Kendall JThaw and EvelyI
Nesbit Thaw and did SO.
| After muah discussion as to the ad
instability of the will in whole or il
| part it was ruled out and Mrs. Thaw':
examination proceeded.
| Mr.. Delmas then had Mrs. Thaw re-
| called and asked her again if Mr.. ThaN
| had constantly discussed with her W
| to June 25, 1906, the fate of othel
| young girls similar to your fate witt
/ Stanford White" and asked if in these
! discussions the defendants manner
| was rational or irrational
4 Mr.. Jerome objected to the question
as leading and was sustained.
did MI. Thaw discuss with the fatt
of any one?" YES"
Did he mention the names of ont
or more young girls?"
H Here Mr.. jerome said he must agar
object on the ground that this tcsti
mony was permissible only as tending
to show insanity ana as yet there wa
no evidence that the defendant wa
insane. Mr.. Jerome said there seemed
to be mo end to these tales brough
here to smudge the memory Of hin
who is dead
IF we have not been showing TIL
insanity Of this defendant ever sine
yesterday morning, what have we beer
doing?" asked Mr.. Delmas.
Il contend that l could have object
cd yesterday" said Mr.. jerome, but
did not do so then, because l though
we would have to have some of thi
sort Of testimony in but ! did not sup
pose that VIC were going into the COS
sip of the Tenderioin for several days
l know you can force it, Mr.. Delmas
if you want TO, but the court has TIL
right to direct iii what order it is pu
in.
Il admit that right in the court re
piled Mr.. Delmas. but l withhold t
the fact that no objection was mad
that there had been no better founda
ton made up to this time. AS to tn
remarks Of the learned district attor
ney regarding gossip of the Tenderloil
l am unable to understand his mean
Ing, but | suppose it refers to som
disreputablc section of the city. l ca
only say, sir. if you had accepted til
will which this defendant signed o
the night Of his wedding and the codic
in his own hand you would undcrstan
what an impression these stories mad
on his mind.
"The court has repeatedly told tn