Omaha daily bee., 1907-02-20
MRS. THAW CROSS.EXAMlNED
District Attorney Finds Wav to Possibly
Discredit Her Test mony.
QUESTIONS ASKED CONCERNING HER LIFE
Court RuIes That they AYE Proper
as Tending 90 Test CredIbiIity
Of witness-Tiits between
Attorneys.

Nesbit Thaw today entered on the ordeal
Of her cnoss-examination. and before Dis
trtct Attorney Jerome had had the witness
in charge for half an hour he had secured
from the court a ruling which apparently
opens the way for bringing into the trial
OF Harry X. Thsw all manner OF evil
dence which may tend to discredit The
defendants wife. Heretofore II has been
held that the rules Of evidence protected
young Mrs. Thaw and that regardless OF
whether her story was true or false, the
fact that she had told her husband was
the one essential point Mrs. Thaw had
been allowed to repeat the story 30 that
the jury might Judge as to its effects IN
unbalancing the mind OF the man on trial
for murder Of Stanford White. Mr.. Jerome,
by a simple question, opened the way for
the introduction of testimony tending to
show the truth or falsity of Mrs. Thaw' 3
story. He asked the witness:
was the story you told Mr.. Thaw
trueY"
1T was" she replied firmly.
Mr.. Delmas, Thaw's leading counsel, OBJ
jscted strongly to the question, but JUS
tice Fitzgerald held It to be competent as
tending to show the credibility of the wit
ness. Whether Mr.. Jerome intends to take
advantage of the ruling In an attempt
70 throw doubt on the truth Of the story
or whether Justice Fitzgerald intended his
ruling to cover the whole subject Of Mrs.
Thaw's evidence the future conduct OF
the case alone can determine. Mr.. Delmas
will continue to fight with constant OBJ
lection the introduction OF any testimony
Of the events In the young woman's life'
but the subject of the credibility of wit
ness IL a wide one, and Justice Fitzgerald
early today indicated that he would be
liberal in his Interpretation of the rules.
He allowed Mr.. Jerome to secure from
Mrs ]. ]. Caine of Boston, a friend Of Mrs.
Thaw. who took the witness stand during
the morning session. many material points
as TO the movements Of Harry Thaw and
Evelyn Nesbit following their return from
Europe In 1904 including the published in
cident OF their being elected from the
Hotel Cumberland in this city, the pro-
prietor insisting that they should register
as man and wife or leave their suites
which adjolned. In bringing out these
facts Mr.. Jerome denied that he was at
lacking Mrs. Thaw and said he was merely
testing the oredibility OF Mrs. Caine.
Jerome Asks for Time.
The district attorney seemed reluctant to
begin the cross examination of Mrs. Thaw
today, desiring to have the matter post
poned until Thursday morning, In order
that he might determine whether or not
a further examination Of the witness was
necessary.
After l have looked further into the
matter may decide not to cross examine
Mrs. Thaw." Mr.. Jerome stated to the
court, "or l waive my right. II when all
testimony as to the insanity Of this defend
ant 10 In shall be honestly OF the opinion
that he was insane at the time this act
was committed 1 do not propose to take
up the time OF this court and this jury In
contending-"
Mr.. Delmas here interrupted. He wanted
TO know II the district attorney meant that
a. ne was honestly convinced that Thaw
was insane when he shot Stanford White
he would abandon the prosecution.
ct promise nothing" retorted the pros
ecutor.
wordy conflict ensued during which
Mr. Jerome limited at broken condolences
and evasion Of stipulations. He declared
he did not wish to humiliate the witness
with a croes examination which he might
deem unnecessary.
However. II I am forced to do II
WILL" said Mr.. Jerome, with something
Of a menace in his tone.
''You may proceed" replied Mr.. Delmas
Mrs. Thaw CrOsH-ExRmined.
Mrs Thaw moved a bit nervously and
awaited Mr.. Jeromes opening questions
They had TO do with her signatures to GER
tain papers, somel OF which the prosecutor
declared were receipts for money Mrs
Thaw had drawn from the Mercantile
Trust company in 1902, SIS a week. Mr.
pelmas protested against these statements
and noted an exception. Mrs Thaw said
she was not sure that all of the signatures
were her own-they looked very much like
her writing, she added. Who provided the
money at the Mercantile Trust company
vas not developed. Mrs. Thaws confidence
grew as the cross examination went on and
she was always ready with answers. Mr..
Jerome under the plea Of testing her cred
ibility was allowed to ask many pertinent
questions. He wanted 10 know when she
arst heard that she had been named as a
correspondent In the George w. Lederer
divorce case.
Mr.. Delmas quickly protested. Mrs.
Thaw whispered something In his ear and
the attorney withdrew his objection.
II read OF It In the newspaper" said
the witness eheeriiy when Mr.. Jerome re-
peated the question.
The prosecutor sought TO show that Mrs