The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-02-11
DELMAS CHECKED.
ThaW Defense Is Forced to
Change Its Tactics.
Mrs. Thaw Recalled But Pre-
vented From Testifying.
NUMEROUS OBJECTIONS
Filed by the District Attorney
Sustained by Court.
Cafe Martin Note Produced in
Court and Read.
WIFE Is WITHDRAWN
Until Further Proof of Insanity
Can BE Produced.
Little Headway Was Made at
Early Session.
Cafe Martin Note Produced in
Court and Read.
WIFE is WITHDRAWN
Until Further Proof of Insanity
Can BE Produced.
Little Headway Was Made at
Early Session.

New York, Feb. 11-After an in
teresting but not sensational morning
session of less than two hours duration
it was agreed by counsel engaged In
the trial of Harry K. Thaw today that
Mrs. Evelyn Thaw should step aside
to permit introduction of competent
testimony tending to show the alleged
unsound condition of the prisner'
mind.
This action was taken after repeated
objections by District Attorney Jerome
to further questioning of the witness
as to conversations between her and
the defendant, concerning Stanford
Whate, had been sustained by the court
and Justice Fitzgerald had intimated
that counsel should follow the spirit OF
his rulings as laid down in specific in
stances. Mr.. Jerome's objections were
based on the broad ground that the tes-
timony Of Mrs. Thaw had gone far
enough without a better foundation OF
insanity on the part of the defendant
being laid.
The recalling of Mrs. Thaw to the
stand this morning followed the testi-
mony of J. D. Lyon, vice president OF
the Union National bank of Pittsburg.
who declared he had had possession of
Harry Thaw's will until late in Novem-
Der 1906 and the testimony of John
B. Gleason. of Thaw's counsel, who,
when sworn as a witness, said he re-
ceived by mail from Pittsburg on De-
cember Il. 1906, the will in question.
Mr.. Jerome expressed willingness to
admit that the will received by Mr..
Lyon prior to April I, 1906. and held by
him till November last, passed directly
to Mr. Gleason who testified that there
had been no changes made in it. The
offer of the viii as evidence however
was withheld by the defendants com
sell
Mrs Thaw was permitted to tell but
little today because of objections OF
Mr.. Jerome. She did however, declare
that Thaw carried a revolver only
while in New York City She also iden-
titled the note she passed to her hus-
band at dinner in the Cafe Martin the
night of the tragedy, which read:
The B was here minute ago.
but went out again.
B" meant the "blackguard,'
Mrs Thaw said, and referred to STAN
ford White.
Women Excluded.
New York, Feb. 1.-The opening of
the fourth week of the Thaw trial to-
day brought a new order of things in
the court room and all women other
than the half dozen active newspaper
writer's who have followed the case
since the beginning We're barred by
order of Justice Fitzgerald
During the two days of last week
when Evelyn Thaw was on the witness
stand many women crowded the court
room. having in some manner solved
the problem of getting past the bailih
a the door This morning the women
stormed the portals but again in vain.
In the belief that the prisoners wife
was again to be the central figure in
the famous trial. the women were
anxious to hear the final details of her
life narrative.
They were attired in all the gay
plumage that gave the court room last
week the appearance of some gala mat
inee performance. Their indignation
knew no bounds when the court officer
repulsed them with the statement that
the courts order excluded every one
except such as were working newspa-
per reporters. Many of those who had
occupied front seats during last week
were led to believe that the order could
not possibly include them and they re-
manned about the corridors a long time
in the hope that there might be some
relaxation of the rules. They We're
doomed to Disappointment however and
at last reluctantly left the building.
AS a result of the order barring all
women there were several rows of va
cant seats in the court room when Jus
tice Fitzpatrick took his place on the
bench and Harry Thaw was called to
the bar. The prisoner walked to his
single friendly nod to greet him. No
member of his family was in court
That the defense would proceed with
the struggle to have Harry Thaw's will
accepted in evidence as testimony to
his unsoundress of mind. was indicated
by Mr.. Delmas. who asked that ]. D.
Lyon be called as the first witness of
the day.
First Witness Called.
Mr. Lyon testified that he had been
engaged in the banking business in
Pittsburg for more than a quarter of
a century and is now connected with
the Union National bank.
You are acquainted with the de-
fendant, Harry K. Thaw?" asked Mr..
Delmas.
Mr.. Jerome objected. protesting
against the defense proceeding with a
new witness while the exclusion of
Mrs Evelyn Thaw remains uncom-
pleted.
He thought the defense should offer
some explanation of its purpose in in
terrupting Mrs. Thaw's testimony.
Mr. Delmas stated that when court
adjourned last Friday the will of the
defendant was under discussion and
had been ruled out because of INSULT
cheney of the proof of the document.
It was now proposed. he said. to pro-
ceed with the further identification of
MT. Delmas stated that he consid-