The San Francisco call., 1907-03-07

clared should be confined to the periods OF in
sanity as testified TO by the experts.
Delmas replied that Dr. Wagner had test1neo
that Thaw's insanity began in 1908, when ne
heard Evelyn's story.
rule which pointed out yesterdAyf' he asked,
THAT the presumption of the defendants IN
sanity a.T continues until otherwise proved -
cover the point l now wish to make, repheo
Jerome. now for the first time since the trial
began, mentioned publicly the possibility of
suspension of the trial for the appointment OF
we have testimony here said Jerome that
this defendant was insane in July, 1908. insane
in November. 1908, insane April 4. 1905. and
insane June %, 1906. Why does he not continue
insane right down to the present time If the pre-
sumption Of Mr.. Delmas cites is correcti And
why should not this trial cease-be suspended un-
I'll the matter Of the defendants state of mind
can be inquired intof
Delmas 10 reply.
Inc ne question of suspension Of this trial Is
not for your honor to determine he declared
lhe presumption which l have cited permits
us 70 give the testimony which is under dis
cusston-"
ARGUMENT BY JEROME
The argument was long, the attorneys taking
Jerome desired TO obtain from DR.. Wagner tes-
umony regarding conversations be had with
Thaw In the 1Tombs during the last i've visits
he made to him. Jerome argued that while, as
be claimed yesterday, insanity once established
Is presumed 10 continue Until IL has been shown
tnat the condition has disappeared, In this case
Dr. Wagner's testimony proof enough to
overcome the presumption. he said the experts
from 1903 TO 1905. The defense ne said. wished
the Judge TO. rule that for three years Thaw
was continuously insane
But now," Jerome said. '.after seven months
advise HIS COUNSEL
IF It is claimed that Thaw is insane now"
Jerome said. 1T is only matter OF appointing
commission Ia lunacy and stopping the trial.
Justice Fitzgerald Interrupted TO say that the
that he was simply passing on Delmas' objection
-in g. f[lEeraia seaa from decision Gov
which allowed Mrs Thaw to proceed with her
Mrs Thaw then testified as to conversations
with her son between Thanksgiving 1903, and
Aarry's departure for Europe in the spring of
WANTED TO MARRY GIRL
He told me the girls name" said Mrs
Thaw. He said she had been persuaded to
go upon the stage, which very bad for
Harry returned to Pittsburg. she said. in No
Did he speak to you again about the young
grip asked Delmas.
There had been horrible scandal said
Mrs Ikaw, or at least they made It out
scandal ] remember my expressing my disap-
proval OF his coming home in the ship with the
girl BE explained it all to me- BE was still
Of mind 10 marry her,
You have said nothing before about his
wanting to marry her interrupted Demas
must nave forgotten replied MIS-
Ihsw. He told me in November, 1903. that
ne wanted TO marry her, but that be had been
Mrs. Thaw said that IN February, 1905, she
and Harry took trip South.
He then asked me TO come to New York
Thaw. In March / did So II was not neces-
sary that l give my consent to their marriage,
but did give it.
Jerome insisted that Mrs Thaw give the en-
tire conversation with her son as far she re-
called It.
AFTER meeting the young woman. >, she re-
sumed, I'VE returned 10 the hotel and Harry
ing her ] told him il was not necessary for
TO give my consent. He said he did not
want TO do anything against my wishes. l said
/ was perfectly willing did afterward make
one condtion-not TO prevent the marriage
but told Harry II he married the girl and
came 10 my house to live here in lfhe East her
past life must be a closed book-her past life
in New York
I'VE win come to that presently interrupted
Delmas.
we arrangas that the woman should come
TO Pittsburg and we arranged for chaperonage.
be seemed TO be Isboring under a great stress
and feared that the wedding would be inter
fered with by the young woman's mother ac-
count OF the girls minority
Immediately after the recess OF fifteen min
utes Delmas announced that his direct exam
rome began his cross-examination. He asked
Mrs. Tbaw If she was not for time after her
husbands death trustee under his will.
Delmas at once objected. This is not proper
cross-examinatOn" said he This matter was
not gone into. and ! can hardly conceive that II
is the purpose Of the District Attorney to at
tempt to dscredt the witness.'
Jerome was DrofOundlv reepecfful in bfs