The daily morning journal and courier., 1907-02-07

of what he feels to be his duties in the matter. We will attempt later to prove the contents of the note"
 McCaleb detailed, so far as he could, the incidents of the night of the tra- gedy. lie was leaving the roof garden with Mrs. Thaw, and thought Harry was following, when the three pistol shots Wzre heard. Mrs. Thaw exclaim- ed: My God, he's shot," and then, 'NOh Harry, what have you done and why did you do it?" Thaw replied, T have saved your life" and bent and kissed her.
 On ross-examination Mir. Jerome went briefly into the past history of the witness. MT. McCaleb said he knew Thaw some years ago in Paris, and subsequently in California
 Did you ever try to borrow any money from hlm?" demanded the dis triet attorney.
 Never" the witness replied.
 It came out during the direct exam ination that McCaleb had met MT. Je- rome some. months ago at the Union
 
 The witness had answered a question to which the district attorney had talk en an exception, and in which he had been upheld by the court MT. Jerome flared up in rage:
 Why did you do that?" he demand ed. q call the courts attention to this man, this literary person, who says he has Writtn two books, coming here and answering questions to which there is objection. It is indecent"
 MT DeImas pleaded that while the witness may have been in error, the question was not important. He said it was misfortune to man to have to testify in such a case, but he thought that nevertheless the witness was en- titled to courtesy. Justice Fitzgerald agreed to this, but admonished the wit ness to be more careful in the future. MT. Jerome again took the witness.
 You say you met me at the Union club; now, how many drinks had you had that night?"
 T don't know-I had one with you," came the reply, and it was some time before the bailiffs could restore order in the court room.
 Justice Fitzgerald threatened to re- move any person who again created a disturbance. The court room was crowded at the time, many gaily-dress- ed women having been admitted by the court officers during the luncheon re- cess. For the first time since the trial began the court officers seemed to have let down the barriers to the idly curi- ous although the newspaper men were as closely scrutinized as ever and re- quired to show their credentials on en- tering.
 Dr. John E. Deemar, who was on the stand yesterday, but not allowed to testify, was recalled to-day and testi- fled that Henry w. Copley, the defend- ants uncle on the maternal side, had been insane. MT Jerome had declared early in the day that he would not ob- ject to the testimony as to insanity in the family provided the proper foun- dations were laid for it. Whenever Dr. Deemar started to testify as to a cousin of the defendant MT. Jerome said he felt he must object again. He de- clared it should first be shown that Harry Thaw was insane by competent evidence, and it must further be pro- vided that the character of his insanity is hereditary, Then, he declared, and not until then, could the corroborative testimony as to insanity in the collat- eral branches of the family be placed before the jury Justice Fitzgerald. sustained the district attorney, and MT. Delmas said he would conduct the case accordingly.
 The Countess of Yarmouth and Mrs. George Carnegie, Thaw's sisters, were in court to-day and took a keen inter- est in all the proceedings. When the witness Roman testified as to the epi- the. Stanford White used in speaking of the man he intended to kill" before daylight Justice Fitzgerald said he would give all those in the court room whose sense of proprieties might be of- tended the opportunity to withdraw. The countess and Mrs. Carnegie went out, but returned in less than five min utes.
 Thaw seemed in ekcellent spirits throughout the day. He appeared to enjoy the wordy conflicts between MT. Delmas and the district attorney and smiled broadly several times.