The Montgomery advertiser., 1907-02-20

.1Is showsd . fun apprsciation of ths value of the money. in making changs and all thAty"
 T did not notice" "As to the use of intoxicanta did cessr' Nc" said the witness, who added that what he drank did not seem tc unduly excite him. When you were in the bath room did the defendants conversation dfs- close anything cratic to your miad7 was asked.
 No"
 was the operation for appendicitis performed on Miss Nesbit in 1sosf"
 MT. Deimas objected to this He said that the operation was for appendici- tis was the statement by the learn ed District Attorney" to which he took exception.
 MT. Delmas asked the witness If she was present at the operation and she said she was not Mir. Deimas moved to have the question stricken out
 Did Evelyn tell you the operation was for appendicitis" asked MT. Is- rome
 "Yes"
 The matter was allowed to stand
 Mir. Jerome said he was through and MT. Delmas took uo the redirect ex- animation.
 The witness said Thaw always acted ratfonally except in the presence nf Stanford White. Thaw's attentions to Miss Nesbit were always respectable
 Evelyn Nesbit Recalled.
 Mrs. Gaine was then excused and EvN- lyn Nesbit Thaw was recalled to iden- tify more papers.
 Mrs. Thaw identified letter which her mother.
 'sDid you ever see 1t in the possession of Mir. Thaw prior to June z5. lastr"
 MT. Jerome objected. and Justice Fitzgerald. took the letter. reading 1t
 aAs understand" said Mfr. Jerome. this man came to Mrs. Nesbit and made definite cash proposition"
 'Tf the learned District Attorney de- sires to take the commercial view of it, he may do so." interposed Mir Deimas.
 Justice Fitzgerald overruled the ob- lection to the letter. and 1t was read
 The letter was dated at the New Jer- sey school which Evelyn attended in 1903. It read:
 Dear Mir. Thaw--Evelyn has suf- fered terribly, but Is out of all danger. As soon as the physicians can safely do so. she will be moved to the hose pitaI She was very grateful for your message I received your very kind letter, thank you very much. Howard is here. but leaves today. hope you are very well and trust to see you very soon. fSigned0 B. N. Nesoit.
 .tona question more Mrs. Thaw," said MT. Delmas. "Did you and MT. Thaw discuss May Mackenzie after you had gone to PfttsburET
 Worried About May Mckenzie.
 "Yes, Mr Thaw said he was afraid Stanford White was going to do some thing to Miss Mackenzie. told him she was able to take care of herself. but he seemed much worried.
 You may now take the witness" said MT Delmas to MT. Jerome.
 The district attorney again asked permission to reserve his cross exauai- nation until some future time.
 Mir. Delmas at once objected and in- sisted that the examination go on at once
 distinctly told the learned district attorney" he said "that I would in- sist on the cross examination this afternoon. Ten days ago he took an adjournment for the purpose of pre- pairing for cross examination. We in- GfSt now on an lHlnSoiAto cAVse SA1tA- ination."
 .rhere was definite understanding oin this subject in court" said Mr. Jerome, 'and we further discussed it out of court. My recollection of the agreement reached differs entirely from counsel. If Mr. O'Reilly had not told him 1t would be taetically better to force a cross examination at this time. counsel would not do so. In the future all stipulations will be made In court"
 T don't want to subject this young woman to the ordeal of a cross exam ination unless 1t Is absolutely neces- sary," went on MT. Jerome. T re- peat that if legitimate case of in- sanity Is made out I will be the first to admit 1t. I do not want to start this cross examination until I am sure thar it will be necessary to cross ex- anime her."
 "On the statement of the learned dls- trict attorney" here interrupted Mir. Delmas, T will withdraw my insis- tencs that the cross examination now
 (Contfnned on Page Eleven.)