Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-17


proper steps had not been taken to dis
cover to what he could testify
When Mr. Deimas took command there
was the complication about the Thaw will.
IL had lain in Mr.. Gleason's safe ever
since it had been received by him. and not
one of the counsel knew of its extraordi-
nary character.
Then Miss Pearce was put upon the
stand to identify it, and the counsel found
that she knew little or. nothing about 1T.
She could not say anything about the in
Vulnerable alterations and interlineations.
and doubt was cast upon document
which should have been admitted almost
Mr.. Demas has in many respects shown
himself unfamiliar with the procedure of
New York courts He has used his very
ignorance to get advantage. and has sue
ceeded in appealing to the jury by his evil
dent lack of familiarity, but there have not
been at his hands the authorities which he
might expect when a disputed point has
come up.
Not Teaching Jerome Much.
The very matter to which Mr.. McPike re-
ferred in his interview on Friday-the ad-
mission of Thaws words under examina-
t!on-has been fought over and over again
by the district attorney, andlf Mr.. Delmas
and his partner have come oUt of the west
To teach Mr.. Jerome law, they were a long
time about it.
Then there has been tendency to jump
from one plea to another. In his opening
speech Mr.. Gleason said that the defense
intended to bring forward every argument
which the law of the state would allow
First, an alienist was placed the stand
Then something was said upon the line of
self-defense, and that testimony was fol-
lowed by the evidence of Evelyn Nesbit
Thaw. That had to be broken into to get
the will admitted in evidence, and after
that have come the alienists. Mrs. Thaw
still awaits the opportunity to complete her
story of her life.
iS npH hat hafn Mr. TpID
was approached 1t had been decided to in
wife Charles E. Hughes to conduct the de-
tense. He was to be offered fee of $780,
900 If he would appear for once in the Grim
nal courts. However, the elections and his
nomination for governor upset these plans
entirely.
The Thaw trial will be resumed before
Justice Fitzgerald on Monday morning at
10.uJ o'clock. Funeral services were held
today for the wife of Juror Joseph B. Boil
ton, and 1t was said afterward that the
juryman had expressed his readiness to
again take his place in the Thaw panel and
continue the trial. Mr.. Bolton feels it Is
conscientious duty for him to hear the
Thaw case to the end. If Mr.. Bolton had
dropped out 1t would have meant the loss
OF many thousands of dollars to the state
and to the Thaw family. A mistrial would
have been declared and four weeks of the
courts time would have been wasted.
Great Expense to State.
and witness fees the Thaw trial is costing
the state sum almost equal to that which
is being spent by the defendants family
in the attempt to prove the young man was
insane when he shot Stanford White on
June % last. District Attorney Jerome has
employed for the state three of the most
eminent alienistS of the country, and their
fees alone will make the case rival in cost
the famous Molineaux hearings which con-
sisted of a battle of experts almost from
first to last.
Thaw was much relieved today when told
that the Bolton family physician had in
formed District Attorney Jerome that the
jury would be able to resume. The
prisoner had been apprehensive since the
first intimation of Mrs. Bottoms serious ILL
ness was received that there might be
mistrial.
Both he and his attorneys are anxious
that nothing shall prevent the case running
its course. Thaw's counsel believe their
case to be in excellent shape. Mr.. Jerome
also is anxious that the proceedings be
disposed of, either by the verdict of the
present jury or by the decision on COM
mission in lunacy. He has expressed his
Willingness at any time to join with the
defense in asking for the appointment of a
commission to determine Thaws present
state of mind. The defense, however, will
continue in it's effort to show that while
Thaw was explosively insane at the time
he killed Stanford White and that while
the efforts of the brain storm were still
apparent in him for three months follow
ing the homicide, his improvement has been
SO great and progressive since the LIST of
October last that he is today of perfectly
sound mind and even temperament.
Would Give Thaw the Benefit.
Many of the Thaw jurors, when under ex-
animation as talesmen, were asked If they
would give the defendant the benefit of the
same reasonable doubt as to his sanity or
insanity as they would to the question of
guilt or innocence. In every case the Jurors
who are now serving declared they would
Charles Wagner and DIR. Evans, the two
alenists who have offered evidence as to
ihaw $ state of mind at the time Of the
homicide. have yet to be cross-examined by
Mr.. Jerome.
If, after the cross-examination of DR..
Evans and DIR. Wagner, the reasonable
douot as to Thaws soundness of mind on
June % last still exists, the defense will
try to show that Thaw at the present time
Is sane and entitled to absolute freedom
This is believed by many to be the most
dlfhcult part of the task still confronting
the defendants attorneys. DR.. Graeme Nj.
Hammond. who has been constantly beside
the prisoner since the trial began is ex-
pected to TESTIFY as to Thaw's present men
Ia! condition. He is one of the most promi-
nent alien!sts in the employ of the defense
but he is not known to have visited Thaw
prior to October last He was not with DR.
Evans and DIR. Wagner during their several
To testify as to Thaws competency TODAY.
There also may be additional technical tes-
tluony along this line
While the defense apparently seems to be
nearing its close. there is so much actual
work yet to be done that 1t Is difficult to
forecast just when Thaw's ATTORNEYS will
rest and when Mr.. Jerome will begin the in
PRODUCTION of rebuttal testimony about
which has been so much mystery and secre
cN- Or. Evans was on the stand and about
70 relate certain conversations he had with
Ihaw in the Tombs during his first three
VISITS when court adjourned Thursday. 1t is
presumed that DR.. Evans will resume Mon
DAY morning. He must necessarily do so. II
Is SAID. TO maintain the continuity of the
proceedings. 1t was intimated today. how
ever that DR.. Evans may be Immediately
withdrawn Monday to allow Mrs EveIvn
NvSoit Thaw TO take the stand and con-
Glade her evidence