Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-02-10
Document sbaid to Contain
Some Strange BeQuests
Tending td Prove Insanity OF
TeStator When 1t Was Made.
UNCERTAINTY AS TO
PROCEEDINGS MONDAY
Jerome May Object to Further
Testimony of Prisoners
Wife, Delaying Her Cross
Examination
nv Morning journal special Leased wlro.l

EAdlllillQtlVl
Try Morning journal Special Leased Wire'l
New York s9'eb. 9.-Doubt and
speculation eXist as to what course
the defense will take in case of Harry
Thaw when the ,rlal IS resumed Mon
day morning. When court adjourned
Friday II was the intention of Mr..
Delmas again to have Mrs Evelyn
Nesbit Thaw continue the narration
OF the story upon which the prisoners
life may depend.
District Attorney Jerome had dra-
matically protested against any fur
ther defamation of the dead, just
before the Friday adjournment was
taken. and was upheld by Justice
fitzgerald in his contention that "a
broader foundation" of insanity
shorld be laid, before 'the loose tat
lie of the tenderloin" should be
spread upon the records. The refer
ence was to the question Mr.. Delmas
had put to Mrs. Thaw as to whether
she and her husband had discussed
"the fate of other girls AT the hand
of stanford White
The courts ruling that the insanity
of the defendant has not vet been SUI
ficiently established as to admit
bringing IN further details of his
wife's testimony, may result in tenn
porary change in the line of defense.
The course to be pursued Monday de-
pends on he attitude Of District At
torney Jerome who declared he could
have Offered legitimate objection to
Mrs. Thaw's Testimony AZ the very
outset on the ground. az insanity npt
4. a. fru fpar1.
doing 50 because of the fact hat he
knew that the testimony as TO her
revelations Ia Harry Thaw must come
out some time.
If MIR. Jerome persists on Monday
morning in his objections to the line
of examination indicate by Mr.. Del
mas questions as to stories concern
ING Young women other than the wife
of the defendant. the prosecuting Of
ficer will be asked temporarily to eX-
ruse Mrs Thaw to permit of the IN
trodnction of evidence in accord with
Justice Fitzgeralds ruling AS Mr.
Jerome probably will be glad of the
delay before he takes M the difficult
task Of cross-examininG the young
wife. he is expected to consent to the
plan.
In that event Mr.. Demas will first
Thaws viii which was ruled out Fri
day
Justice Fitzgerald held that the will
must be shown to have been in its
present condition when ii was signed.
Mr.. Delmas Is very anxious to have
the will go in evidence, believing 1t
will go further than any other docu-
nfentary proof he can nroduce to show
the effect of Evelyn Nesbits story
of her treatment at the hands Of
Sanford White had upon the mind OF
the defendant
Although counsel deny that the in
formation is altogether accurate, 1t
leaked out todhy that one of the pro-
visions in Harry Thaw's VIII is the
setting aside ~ $50 600 for the prose-
cution Of all persons who may be
concerned. In case Of the death of the
testator by violence.
Another paragraph. II is reported
made provision for a fund for the
benefit of young women, who the Will
declared, suffered treatment at the
hands Of the dead man similar to that
of his wife.
The reports even go so far as tc
say that the names of Mr. Whites
victims are included in the clause oi
the will relating to this subject.
The will also made provision fol
Howard Nesbit, Evelyn's brother
who, 1t has been reported, would
take the stand in opposition to hi!
sister.
Young Nesbit has been in constan
attendance at the trial, in compan!
with the late Stanford Whites secre
tary. but never has he gone near thu
group of the Thaw relatives Th'
resi- ofsThaw's property was to go 4
his wife.
Mr. Delmas. It Is said may call t
the stand on Monday an attorne.
from Pittsburg, who will be asked a
to the mterlinations made in the will
and is expected to prove they wer
put there at the time the Will wa
signed.
Failing to show that each one o
the interlineations can be remembere'
by the witness. Mr.. Delmas Will offe
the codicil to the will. which Is in tn
defendants own handwriting.
II Is pot know whether all the rel
erences to stanford White are in tn
codicil. hut It is known some Of ther
are.
EVELYN Thaw also signed a will o
the night Of the wedding. and It
believed that in IT she carried out he
husbands stipulation that none Of he
relatives save her brother shoul
have any OF his money.
II the will is finally admitted !
evidence, Mr. Delmas may ask to re
call Mrs Thaw to finish her nara
tive
Thaw's counsel do not like the ide
Of interruption to her story continl
ing over any considerable length
time
Should Mr.. Thaw again protest, q
several alienists employed by the u
fense, other than Or. Wiley, will
placed on the stand.
Ii was said tonight that District A
forney Jerome's cross-examination