The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-02-18

and lead them along moral lines
Did he mention the names of any
young women q;
Yes, SIR
The witness was not asked to give
these names.
DR.. Wagner repeated DIR. Evans
conclusion that Thaw's idea that he
was acting as an agent of providence
In killing Stanford White was an IN
sane delusion II
Before DR.. Wagner was excused Mr..
Delmas said:
We now come to the matter of the
will of the defendant"
Justice Fitzgerald said he would
IKE TO have copy of the Will to read
it before passing on any of the points
as to its adnlissibility.
MI Delmas suggested that only
parts of the will were essential to the
purpose of the defense.
II would like to keep out of the
record all that is not material" said
Justice Fitzgerald.
80 would we,' assented Mr.. Del
mas.
IF the will is offered District At
torney Jerome here interpose, 1T will
have to all go in. There are elements
as to handwriting, etc.. which must be
considered by the jury
This statement of Mr.. Jerome was
taken to indicate that he will no
longer oppose the admission of the
Will as evidence.
At this point the luncheon recess
until 2 O'Clock was ordered.
Trouble Over the Will.
Judge Henry A. Melvin of the SUI
perior court of California was an in
terested spectator at the trial today:
Judge Melvin is also grand exalted
ruler of the Order of ElkS and a per-
sonal friend of Attorney Delmas.
Immediately after recess, DR.. Evans
was again called to the stand. tenn
porariiy replacing DR.. Wagner.
The witness was shown Thaw's will
After reading the codicil. Mr.. Del
mas asked:
Doctor, are the names mentioned
have testified Mr.. Thaw gave you as
victims of Stanford Whites prac-
tices?''
Mr.. Jerome objected to the ques-
ton on the ground that it was an at
tempt to get in evidence the contents
of a paper for the Introduction of
which there had been no foundation
laid.
II object to this Objectionable. scan
dalous talk" began Mr.. Jerome, but he
was interrupted by Mr.. Delmas, who
objected and took exception 10 the
statement and asked that 1t be noted
that the exception was due to the mis-
conduct of the district attorney.
Mr.. Jerome, Il am talking to the court:
We have Il intelligent men here, and
they are not going to decide this case
on the talk of counsel"
II object" REPEATED Mr.. Delmas, to
the learned district attorney, referring
to this codicil or this will as containing
scandal"
whether they are true or not this
will contain statements or scandal
again asserted Mr.. Jerome.
Il ATr- "A
Il think we had better get back to
the question" suggested Justice F1tz--
gerald in a conciliatory tone unoer-
stand the question is open to obJectlon
on the ground that it is an attempt to
get something Indirectly into the rec
ord" 70 $50,
u ann laying a foundation for the I'LL
innate purpose of offering this VIII IN
eytdence,l said Mr.. Delmas. MY op-
without making them public II tn
district attorney insists will have Dr.
Evans state the nalnes. but 1t As not
nv disposition to do so.
ct see a way out OF All THIS. sa ~
Mr. Jerome in a voice which displayed
irrita bilfty LET them ask this VIII
n sesif Thaw was crazy when he mace
the will and then let them put the VIII
in If the court shall hold It to pc
cumulative evidence and therefore ad-
miSSlD1e- ;,
II Intended following that course"
said Mr.. Delmas.
Read Tl1cw VIII.
District Attorney Jerome permitted
this afternoon the reading of the pro-
vision in Thaw'si will setting aside
$4,000 for the prosecution of any per-
sons who might be suspected of having
caused his death by violence.
New York. Feb e1S.-A serious diff
ference among the lawyers who are
engaged in the defense OF harry
Thaw, was patched up last evening
and it is probable that for the re-
mainder of the trial there will be at
least an armed truce among them.
For time it looked as if the trouble
had reached a stage where Delpnln
De1mas, who has conducted the de-
Tense, would withdraw from the case
but it now appears he will go on. The
of Mrs. William Thaw.
the defendants aged mother, is said to
be responsible for the patching up of
the quarrel.
yers would be serious matter for
Thaw and a realization of this fact
doubtless had much to do with the
of the difficulty.
The alfenists DIR. Britton D. Evans
and DR.. Charles G. Wagner are the
witnesses today and will repeat the
conversations they had with Thaw in
the Tombs during the. period when
they believed he was of unsound mind
It is believed by the attorneys for
Thaw, that these conversations will
show without question that Thaw's
mind was not in a normal state, not
only at the time of the killing, but for
many weeks afterwards.
Defense Has Double Task.
The problem of the defense will be
by no means finished with the proof
that Thaw was insane when he fired
the shot that killed White. Then
will come the task of proving that he
Is sane now, that the trouble was only