The Washington herald., 1907-02-07
DELMAS IN CHARGE
OF THAW'S DEFENSE
CONTINUED FROM FIRST PAGE.


from a number of decisions, notably the
Pel1aTZ case recently decided. in which it
was held that a lay witness could testify
as to whether the acts of the defendant
were rational or irrational but not as to
his mental condition. But Justice Fitz-
gerald didn't agree with Mr.. Jerome's
contention. and Martin Green to whom
the question had been submitted at the
morning session. was recalled to the
stand. Thereupon Mr.. Delmas reframed
his question so as TO agree exactly with
one in the Buckingham case, decided in
1889. which the Court of Appeals held
was admissible. MI Delmas asked Mr..
Green If the acts of Thaw after the
shooting indicated that he was rational
or irrational
Irrational"
That satisfied Mr. Delmas. and Mr..
Jerome. who knows Mr.. Green as the au-
thor Of THE Man Higher Up, for whom
Mr.. Jerome has hunted. wanted to know
If Mr.. Greene could regard himself an eX-
pert on mental diseases. Mr.. Green mod
estly admitted that he didn't. and after
some other questions he said he judged
that Thaw's mental condition was not at
all what it should have been on that
ing.
Thomas McCaIeb Called.
There was a whispered conference be
tween Mir. DeImas and Mr. Hartridge.
and Mr.. DeImas called out, Thomas
McCaleb" There was a stir in the court
room, for every one there knew that
McCaIeb and Truxton Beale the so-called
international clubman.' were in the
Thaw party on the night Stanford White
was killed. Mr.. Delmas withdrew for
moment from the room. When he re-
turned, McCaleb was on the stand and
had been sworn
Meantime. McCaleb, who was nervous,
had been hdgetting around in the witness
chair He is a smOOth-faced rather
sharp-featured young man, who looks
his age-about 50. His voice is mild
almost soft-and with brown hair. not
very thick. and parted in the middle he
looked the young man-aboUt-town type.
He said his home is in san Francisco;
that he knew Harry Thaw, and that he
was with him on the night Of the shoot
ing He was with him in the roof gar
den at the time of the shooting, and in
the party were Mrs. Evelyn ThaW and
Beale. They had seats for MAN 'zelle
Champagne" and they got TO the roof
about $780, They sook seats on the
Madison avenue side, at the Twenty
seventh street corner. The musical
-podge was going on when they en-
tered They left before the show was
over. he said Mr.. Delmas got him 10
describe the manner Of leaving.
Mrs. Thaw arose TO leave said Nc
Caleb. crossing his legs and shifting his
chair. land I. being on the aisle seat.
arose. She joined me, and as we went
out ] laughingly addressed some trivial
casual remark about the play. We had
reached, or almost reached. the arch
leading to the elevator on the Twenty
sixth street side. when three pistol
shots
Mr. Delmas interrupted the narrative
to get McCaleb 20 explain how he and
Mrs Thaw walked side by side. He
could not tell how far Thaw and Beale
were behind them, because he did not
look behind.
And when We had reached or almost
reached the arch" continued MCCaleb,
leaning forward within a few PAGES of
the elevator. three pistol shots in rapid
succession. suddenly fell upon my hear
ing 1 stopped 1 then heard Mrs.
Thaw, who had already turned around
cxclaim Ny God he is shot There
upon I turned and fixed my gaze directly
upon her There she stood. pale. tremu-
Ious, in apparent astonishment, gazing
ahead. I then looked in the direction
whence she was looking, although, mark
you, 1 did not see
warning from jerome.
A warning from Mr.. Jerome stopped
McCaleb from telling what he did not
see.
Well" said McCaIeb. "the next thing
I saw a lot of people gathering around a
certain point at a certain place, a certain
saw was Mr.. Thaw with a pistol extend
ed in his hand. with the butt end turned
upward"
McCaleb illustrated the position Of the
arm and the pistol. but he could not tell
which hand it was. Mr.. Delmas made /
him describe just how the thing appeared |
TO him.
At that time" McCaleb said. "Thaw /
was within few PAGES of his wife; /
and then ne approached and she ex-
claimed My God. Oh, Harry what have
YOU done?' She exclaimed again. oh.
Harry, what have you done?' He replied. /
i have saved your life He kissed her"
The last sentence McCaleb seemed to /
put in as an afterthought. Delmas was
quick 10 catch the cue
Upon those WOrds?" inquired MIR. Del /
mas, rising out of his chair. He kissed /
her upon those wOrds2"
Yes. sir, replied McCaleb. with more
strength 10 his voice than he had been /.
using. He used other expressions, but. /
in the ali-pervading excitement. / do not
now recall them"
Then Beale came up McCaleb started I
TO repeat what he had said 10 BeaIe. but 4
he was shut off by Mr. Delmas, who de- 1
Clared very sweetly that what McCaIeb 1
said 10 Beale might be Objectionable but 1
if no one had complaint on that score /
he WAS willing TO have il all come out. 4
Mr.. Jerome said nothing, and McCaIeb, /
after pause, was told to go ahead by 1
Mr.. Delmas.
Il said to Mr.. Beale, said the witness, /
pointing TO Mr. Thaw, He has killed a /
man. ! did not know who it was. To- I
gether Mr.. Beale and I entered the eleva- /
tor which was fairly crowded with peo- /
'NF ANtAAt4Atlt8 WI anu llttN ana
nan who had Mr. Thaw under arrest We
al went down in the elevator together.
md when we arrived on the sidewalk Mir.
Fhaw was turned over to a policeman.
ma then il was he said to Mr.. Beale-AIr. /
lhaw said 10 Mr.. Beale-'Take my wife TO /
he hotel and call up acknowledgements !
or words to that effect"
At once Mr. Delmas asked MCCalob the
question he asks all witnesses who saw
Thaw after the shooting, Was he rational .
" irrational.
Irrational" said McCaleb. without hes
fancy.
To Cafe Martin.
Mr.. Delmas had McCaIeb's version of