The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1907-02-22

for the Introduction of testimony tend
ing to show the truth or falsity of Mrs.
Thaw's story. He asked the witness:
WAS the story you told Mr.. Thaw
true?"
1T was she replied firmly.
Delmas in Losing Fight.
MI. Delmas, Thaw's leading counsel,
objected strongly to the question, but
Justice Fitzgerald held it to be COM
petent as tending to show the credible
ity of the witness. Whether Mr.. Je-
rome intends TO TAX advantage of the
ruling in an attempt to throw doubt on
the ruth of the story or whether JUS
tice Fitzgerald intended his ruling to
cover the whole subject of Mrs. Thaw's
evidence the future conduct of the case
alone can determine. Mr.. Delmas will
continue to fight with constant objec-
ton the introduction oftthe events in
the young woman's life, but the subject
of the credibility of the witness is a
deep one and Justice Fitzgerald early
In the day indicated that he would be
liberal in the Interpretation of the
rules.
Wanted to Defer Cross Examination
The district attorney seemed reluc-
.ant to begin the cross examination
of Mrs. Thaw, desiring to have the
matter postponed until Thursday
morning in order that he might de-
ar,rjy,n x-hnflnt>L or. ,, m &, ft,,,t L1 80
animation of the witness was irreg-
ular.
After 1 nave looked further into
the matter l may determine to cross
examine Mrs. Thaw,' Mr.. Jerome stat.
ed to the court, "or l may waive my
right. If, when all the testimony as TO
the insanity of this defendant is in l
shall be honestly of the opinion that
he was insane at the time this act
was committed l do not propose to
take up the time of this court and
this jury in contending-'
Mr.. DelmaS here interrupted. He
wanted to know if the district attor-
ney meant that if he was honestly con-
vinced hat Thaw was insane when
he shot Stanford White he would
abandon the prosecution.
Il promise nothing" retorted the
prosecutor.
A wordy conflict ensued during
which Mr.. jerome limited at broken
condolences and evasion of stipulation.
He declared he did not wish to hui
initiate the witness with a cross OK
animation which he might deem UNI
necessary.
However, if l am forced to do it
I WILL" said Mr.. jerome With some
thing of a menace in his tone.
You may proceed replied Mr..
Witness Nervous as Jerome Eeains
Mrs. Tllaw moved a bit ~ervously
and awaited Mr.. Jerome'sopening ques-
tions. They had TO do with her sigma
lures to certain papers, some of which
for money Mrs. Thaw had drawn
from the Mercantile Trust company in
1902, S25 a week.
Mr.. Delmas protested against the
statements and noted an exception.
Mrs. Thaw said she was not sure that
oil of the signatures We're her own
they looked very much like her writing,
she added. Who provided the money at
the Mercantile Trust was
not developed.
Mrs. Thaw's confidence grew as the
cross examination went on, and she
was always ready with her
MIR. jerome. under plea of testing her
credibility. was allowed to ask many
pertinent questions.
Direct Examination Closes.
"You have already testified, Mrs.
Thaw, that you are familiar with the
handwriting of Stanford White" aid
Mr.. Delrnas. II now hand you a paper
and ask if from the beginning 10 the
end it is in the handwriting of White?''
Mrs. Th2w ga2ed at the paper, evi-
dcntly a letter, and said:
TT is his handwriting"
Delmas hande the witness forty-two
other letters and they were also iden-
titled as coming from White. Mrs.
Thaw was nearly half an hour at the
task of Identifying the letters.
There We're two vacancies at the
table occupied by the attorneys for de-
Tense this morning, the seats usually
occupied by Gleason and Peabody, leav-
ing only four lawyers. Delmas. Hart
ridge, O'Reilly and McPike.
1t is said Gleason was suffering from
toothache and that Peabody was oN-
aiming witnesses.
Delmas asked tho Witness:
did you in May, 1896. relate 10 SIR.
1aaw abe ccnyersat;cn you had WITH
tH