Los Angeles herald., 1907-03-07
Testimony May Save
His Life
Fond Parent Tells How Her Boy suf.
fered Because wicked New
York Man wronged Ev-
elyn Nesbltt
Bv AssocIated Press.

murder OF StanIOru Wnlle lOudy WueH
the defendants mother took the wit
ness stand to contribute what she
might toward saving her son from the
electric chair.
Mrs. Thaw's stay before the Jury was
brief. When Mr.. Delmas had definitely
limited her examination to the change
she noted in her sons condition follow
ing his return from Paris in 1903, after
Evelyn Nesbit had told him her life
story, and with District Attorney
Jerome had with great consideration
conducted short and Intellectual cross
examination, the mother love welled
strong in Mrs. Thaw and she felt she
had not done her all. She was loath to
leave the witness chair.
There is a question of heredity," shs
protested, when both Mr.. Delmas and
Mr.. Jerome told her she might step
down.
Il have asked you, madam, all that
is considered necessary" said Thaw S
attorney with the utmost Difference.
Mrs. Thaw half rose, hesitated, and
was about to sit down again when the
leading counsel for the defense offered
her his hand to assist her from the
stand.
Twice during her recital Mrs. Thaw
broke down and was unable to pro-
ceed.
Grief overcomes Her
After a few moments Justice Fitz-
gerald asked solicitously If she felt
able to proceed, and Mrs. Thaw, evil
IDENTIFY much chagrined that her great
grief had overcome her strong will of
resistance, nodded in the affirmative.
She declined a glass of water and
made an effort to proceed but failed.
Justice Fitzgerald then interposed a
relief for which the elderly woman
facing him must have been deeply
grateful. He said that as many of her
remarks had been uttered in a low
voice 1t would be necessary to have the
stenographer read all her testimony
up to that time to the jury.
When the reading was ended Mrs
Thaw had gained her composure and
was able to proceed.
She said that when Harry came home
in 1908 he seemed depressed and ap-
parently had lost all interest in life,
He passed sleepless nights, would often
leave the table at meals and go into the
parlor to play upon the piano, the
music growing softer and softer until
1t finally died away.
Tells of Wicked Man
s.de told me a wicked nan-probably
the wiclSedest man in all New York
had ruined his life"
1t was not until some time after he
change in him that she learned the
story of the young woman who was to
become her daughter-in-laW.
Mrs. Thaw told of her son breaking
down in Pittsburg church and ex-
planning that it was all because of the
sorrow which prevented the young
woman he loved being at his side. Mrs.
Thaw told of coming to New York to
meet Evelyn Nesbit and of giving her
consent to her sons marriage-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, 1906 the honey
moon trip and then a happy, placid
summer spent at the mothers country
home in the mountains.
Mr.. Delmas ended her testimony alb
ruptly. The district attorney was taken
by surprise and began to cross-eXam-
inc Mrs. Thaw in a very low voice. He
then asked conditions surrounding her
sons allowance, but Mr.. Delmas OBJ
jected. He asked what the sons in
come amounted to.
Income Is Moderate
Mrs. Thaw said it was moderate and
nothing like the sum the newspapers
have so often reported. Mr., Jerome next
treaded upon what he must have felt
the thinnest of ice, lest he put him
self in the attitude of attempting to
harass the pathetic 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.
The district attorney seemed COM
pletely baffled and speedily brought his
examination to a close
Mrs. Thaw's story was deeply i'm
pressive in it's simplicity and brevity.
If Harry Thaws fate is thrown into
lhe hands of the twelve men in the
Jury box who today heard the mothers
story there seems little doubt that
what she said will carry wonderful
weight.
But Mr. Jerome gave the impression
that he might use the mothers testi-
mony as a weapon in another direction
lin his fight TO have a commission in
lunacy appointed to test the present
state Of mind of the defendant
Attorneys in Wordy War
While the elder Mrs. Thaw was on
the stand the district attorney engaged
in a wordy war with Mr.. Delmas. dur
ing which he uttered publicly for the
first time the threat of lunacy COM
mission.
Mr.. Delmas was invoking the pre-
sumption OF law that If Thaw was in
sane in 1908 he was insane In 1904, and
this was 70 enable Mrs. Thaw to state
conversations with her son in the lat
ter year.
These conversations were admissible
only on the ground that they were the
utterances OF a person mentally ire
spOnsible. Mr.. Jerome said there was
no reason why the assumption should
not have continued down to the present
and II Mr.. Delmas' point was we'll taken
the trial should be suspended and a
commission appointed.
DeImas Is Upheld
Justice Fitzgerald upheld Mr.. Delmas
and said the question OF a commission
was not before the court. With the COM
plotion OF the mothers testimony today
Thaw's, attorneys said they would have
but two more witnesses-experts-
VIII be called nDon 10 anaWer a neWlY