The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-07


sired to obtain from DR.. Wagner tes-
| tfmony regarding conversations he had
with Thaw in the Tombs during the
last five visits he made to him. Mr..
Jerome argued that while as he claim
ed yesterday. insanity once establish
ed, is presumed to continue until 1t is
shown that the condition has disap-
peared in this case, DIR. Wagners tes-
timony was proof enough to overcome
the presumption. He said the experts
had testified that Thaw was insane at
periods from 1908 to 1906. The defense,
he said, wished the judge to rule that
fer three years Thaw was continuous
ly insane
But now he said. after seven
months in Jail he sits here perfectly
lucid and able to advise his counsel"
If it was claimed that Thaw is in
sane now, Mr.. Jerome said, it was only
a matter of appointing a commission
in lunacy and stopping the trial.
Justice Fitzgerald interrupted to say
that the matter of a commission was
not before him and that he was simply
passing on Mr.. Delmas' objection.
Justice Fitzgerald read from decis-
ion covering the point and sustained
the objection which allowed Mrs. Thaw
to procede with her narrative. $500
Mrs. Thaw then testified as to con-
versations with her son. between
Thanksgiving. 1903, and Harry's depar-
ture for Europe in the spring OF 1904
He told me the girls name, said
Mrs. Thaw. He told me she had lived
she had gone to New York with her
mother, where, as we all know she
posed for artists. He said she had been
persuaded to go on the stage whlcn
was very bad for her.
Harry returned to Pittsburg, she
said in November, 1904.
Did he speak to you again about
the young girl?" asked Mr. Delmas
There had been a horrible scam
dali" said Mrs. Thaw, ''or at least they
made it out a scandal 1 remember
my expressing my disapproval or ms
| coming home in the same ship with
the girl. He explained II an 10 me.
He was still of a mind to marry
you have said nothing before
about his wanting to marry her. in
| terrupted Mr. Delmas.
! II must have forgotten 1t. replied
Mrs. Thaw. He told me in November,
| 1908, that he wanted to marry her, but
that he had been frustrated
/ Mrs. Thaw said that in February,
/ 1905, she and Harry took trip SOUTH
| ..He then asked me to come on to
! New York and meet the young wo-
man." continued Mrs. Thaw. In
March 1 did So
was the marriage then under dis
cussion finally arranged with your ap-
probation ?" asked Mr.. Delmas-
yes 1t was not necessary. that l
give my consent, but did
| Mr. Jerome insisted that Mrs
| Thaw give the entire conversation
with her son as far she recalled 1t:
| after meeting the young woman.
she resumed 1--WE returned to the no
tel. and Harry asked me If l had any
| objection to his marrying her. L told
| him il was not necessary for me to
| i've NV consent. He said he did not
want to do anything against my
wishes I then said 1 was perfectly
willing. 1 did afterward make one
condition-not to prevent the mar.
/ T TR16
! the girl and came to my house to live
| here in the east her past life must be
/ a closed book-her past life in New
York.
interrupted Mr.. Delmas-
| 1--WE arranged that the young wo-
man should come to Pittsburg and We
arranged for chaperonage, etc
| when Harry came home for the
wedding he seemed to be laboring I'M
der a great stress and feared that the
wedding would be interfered with by
the young woman's mother. on &C
| count of the girls minority
1Rut he obtained the mothers con-
sent. didn't he?" interrupted Mr.. Del
mas.
Yes"
Immediately after the usual recess
| of Is minutes Mr.. Delmas announced
that his direct examination of Mrs.
| William Thaw was concluded and Mr.
Jerome began his cross examination
He asked Mrs Thaw If she was not Tor
a time after her husbands death a
trustee under his will.
| Mr.. Delmas at once objected.
This is not proper cross examina-
tion." he said. This matter was not
gone into and / can hardly conceive
that it is the purpose of the learned
district attorney to attempt to dis
credit the witness"
Mr. Jerome was profoundly respectful
| in his attitude toward the defendant S
! mother as he continued his cross exam
| nation He asked the witness If she
| would kindly state what her sons income
| was subsequent to June, 1903
Il am not able to say exactly. 1t was
certainly not what the newspapers have
1 said