The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1907-03-07
Continued from first page.

flage, the one condition being that the
girls past life In New York should be
a closed book, never to be referred to
In any way. Then came the story Of
the marriage In Pittsburg In April,
1905, the honeymoon trip and then
happy, placid summer spent at the
mothers country home In the noun
tains.
That was all. Mr.. Delmas ended her
testimony abruptly. The district attor
ney was taken by surprise and began
to cross examine Mrs. Thaw In a very
low voice, with the utmost respect In
word and manner. He asked the CON
ditions surrounding the increase In her
sons allowance, but Mr.. Delmas OBJ
jected. He asked what the sons In
come amounted to. Mrs. Thaw said II
was moderate and nothing like the sum
the newspapers have so often report
ed. Mr.. Jerome next treaded upon
what he must have felt was the thin
est Of Ice lest he put himself In the at
titude of attempting to harass the pa
thetlc figure In black on the witness
stand. He asked the mother what she
knew OF her sons relations with Miss
NesbIt before she became his wife.
Nothing" she replied without hest
fancy.
"When your son returned to Pitts
burg In the fall Of 1908" asked Mr. Je
rome. "he expressed a desire to you Il
marry Miss Ncsblt"
Gle did"
ibid he ever express a fear that 9th
ers would prevent her from accepting
hlmT"
"IIe said that she had told him i
would be a very unsuitable match.
said II she came TO me her past would
bc a closed book. Mr.. Whites name
was never mentioned In my presence"
II did not understand. madam. wha'
you said about this defendants re
marks 20 you about Miss Nesblt'
mother being Of no help 10 him."
"He said she would not help him e
raise the girl out Of her condition"
The district attorney seemed com
pletely bafied and speedily brought hi'
cross examination 10 n close.
Mrs. Thaw's story was deeply i'm
pressive In It's simplicity and brevlty
Her anxiety to go on and tell more
added UNNECESSARILY 10 the meaning
OF her presence as q witness. TIL,
hale ALA ..o,,rfx,o... fl.t.u.l .In.oal
breathlcsSly 20 each word she uttered
and there was q general sigh OF relief
when Mr.. Jerome announced that hi'
brief examination was ended.
II Harry Thaws fate had beer
thrown into the hands Of the twelv,
men IN the jury BEG az they heard the
mothers story there seems little doubt
that what she said would have car
rIed wonderful weight with II. but
Mr.. Jerome gave the impression ths'
he might use the mothers testimony
~ n weapon In smother dIrection-ir
his fight 20 have q commission ap
pointed 60 test the present state Of
mind 81 the defendant. While IN,
elder Mrs. Thaw was on the stand IN,
district attorney engaged In a wordy
war with Mr.. Delmas during which
he uttered publicly for the first time
the threat Of q lunacy commission
Mr.. Delma- was invoking the pre-
sumption 81 law that Thnw. declared
insane IN ig13. remained insane ir
1904. This was 10 enable Mrs Thav
Ia state conversations with her sor
during the latter year. These CONVEX
sations were admissible only on Oh.
ground that they were the utterance'
Of q person mentally irresponsible
Mr.. Jerome said there vas no reason
why the assumption should not con
tlnue down 20 the present day. and q
Mr.. Delmas' point was well taken thu
trial should h. suspended and q com
mission appointed.
Mr.. Jerome added that he was mere
~ suggesting the alternative 81 com
mission for the sake of argument
Justice Fitzgerald upheld AIR Drlmas
position and said the question ~ I
commission was not before the court.
UNFOLDING the principle that the pre-
sumption 81 insanity continues. Jus
iicc Fitzgerald seems e. have place.
the burden of pnoof a. Ia the prsen
sanity 81 the defendant entirely upoi
the defense.
With the completion Of Airs. william
Thaw's testimony Thaw's attorney
announced that they would have bu
two more witnesses - experts - VIII
will be called upon 10 answer a newl,
framed hypothetical question covering
the entire case from beginning 10 end
These experts are said to h. Drs
Graeme n. Hammond and smith r
Jclllffe.
Harry Thaw. during hls mother
stay upon the stand. seemed unusuall,
pale and extremely nervous. For |
time he would On her with q stare
then look away and bite al his fnge
nails. Ills two brothers. Edward ans
Josiah Thaw. snt near him. but neithe
the Countess % Yarmouth nor Mrs
II =