Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-02-07
NEW TACK IN THAW DEFENSE
Evidence introduced to Show That White
Threatened to Kill Prisoner.
DELMAs TAXES CHARGE OF THE CASE
District Attorney Jerome Finds I'm the
San Francisco Man Foeman
worthy of Hts Best
Efforts.

san Francisco Man n FOeman
worthy OF HIS Best
Efforts.
NEW YORK. Feb. 6.-The defense of
Harry X. Thaw, under the direction of
Attorney Dolphin M. Delmas of Califor-
MIA, began to assume definite shape to-
day. When court adjourned testimony
had been placed before the jury to the
effect that Stanford White had been heard
to make a threat to kill the defendant,
coupling the threat with the display of
revolver; that Thaw's action following
the killing of White on the Roof of Mad
ison Square garden was considered by
several eve witnesses to be "irrational:"
that an uncle of the defendant was In
sane; that Evelyn Nesbit Thaw passed
a note to her husband during dinner at
the Cafe Martin the evening of the trag-
edy; that District Attorney Jerome has
this note and refused, on demand of the
defense, to introduce 1t In evidence. AT
the close of today's proceedings 1t was
announced by Mr.. Delmas that either the
wife or the mother of the defendant would
be the first witness tomorrow morning.
The alleged threat against Thaw's life
was made two years and a half before
the tragedy occurred. District Attorney
Jerome objected TO the evidence, declaring
the defense was not understood by him
to be one of self-defense.
Mr.. Delmas replied that the defense in
tended to take advantage of every legal
defense allowed in the state of New
York, be 1t insanity, self-defense or any
other legitimate justification of the taking
of human life.
This was but the first of a series of in
teresting Tits between the district at
torney and Mr.. Delmas during the day,
and 1t was agreed that Mr.. Jerome had
found in Thaw's leading counsel foe
man worthy of his best efforts. The men
are of widely different types. MIR. Jerome,
quick, passionate forceful, sarcastic and
brilliant at ridicule: Mr.. Delmas. calm.
courteous resourceful. witty, crafty and
ethical, to whom the district attorney
was always ''the learend district attor
ney." There was never a deviation from
this method of address.
White Threatens to XIII Thaw.
Benjamin Boman, formerly a stage
doorkeeper at the Madison Square thea
ter, was the witness who told of Whites
threats. Boman was offered as a witness
yesterday, but the district attorney was
successful at that time in blocking the
evidence by objections.
Boman declared that on Christmas eve,
1903. Stanford White came to the stage
door about 11:15 p. m. and asked for Miss
Nesbit The doorkeeper told him the act
ress, who was then playing in '"The Girl
from Dixie" had gone home. White at
first accused him of falsehood, and then
asked who had been her escort.
MT Thaw," the witness said he replied.
| "Oh, that Pittsburger," commented the
architect, who, to make sure the actress
had gone, went to her dressing room on the
stage. Not finding her there, White ac-
| cording to Boman, walked rapidly out OF
the theater, with a revolver in his hand
and mutering, 'Pll find and kill that -
F. - before daylight"
The witness said he believed the threat
i to be directed against Harry sThaw and
4 told him OF 1t several days later, wher
they CHANGED to meet on Fifth avenue. He
also told q detective sergeant about the in.
cident.
District Attorney Jerome cross-examined
the witness for more than an hour, but
Boman adhered closely to his story in every
! detail. Once or twice the witness became
a trifie confused as to dates and as to his
movements during the last I'VE years. and
said he had not bee2 regularly employed
during that period. The witness denied
having been paid or promised any money
by Thaw or his attorneys.
jerome Refuses to Produce Note.
Thomas McCaleb, the Californian, who
was with Thaw's party the night of the
tragedy testified that at dinner that even
ing Mrs. Thaw had suddenly asked hei
husband for a pencil. scrubbed a few
words and passed folded piece of paper
to him. What was in this note the wit.
ness did not know, and he was not allowed
because of an objection by the district at
torney to testify as to what change Of
manner II any 1t produced in Thaw. II
has been reported from time to time thai
it was in this note that young Mrs. Thaw
referring to White, wrote to her husband
THAT (blackguard) is here"
1--WE understand" said Mr.. Delmas, "tha
this note is now in the possession of tn,
learned district attorney. We want to ge
at the contents of that slip of paper, be
lieving 1t to be material evidence. w,
demand that the learned district attorne,
produce it."
Mr.. Jerome sat silent There was abso
lutte and dramatic stiffness in the cour
room and Mr.. Delmas stood waiting and al
eyes were turned on the district attorney
After waiting some time. Mr.. Delmas re
sumed:
II take 1t that the silence of the Learned
district attorney is not intended as a dis
courtesy, but conception of what he feel
to be his duty in this matter. We will at
tempt later to prove the contents of tn
note"
McCaleb detailed. so far as he could
the incidents of the night of the tragedy
He was leaving the roof garden with Mrs
Thaw and thought Harry was following
when the three pistol shots were heard
Mrs. Thaw exclaimed: My God. he'
shot," and then, "Oh. Harry. what hav,
you done. and why did you do it?'
Thaw replied: IT have saved your life,
and kissed her.
On cross-examination Mr. McCaleb SAT-
he knew Thaw some years ago in Pari
and subsequently In California.
did you ever try to borrow any none!
from him2'' demanded the district attorney
Never" the witness replied
Court Cautions Witness.
1t came out during the redirect examina
! tion that Mr. McCaleb had met Mr. Jerom