The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-02-12

| finally agreed that the letters should be
turned over to the clerk of the court.
Mr.. Lyon was excused and John j.
| Gleason was called.
Gleason Recalled
Mr.. Gleastn has had possession of most
of the defendants papers since the
| tragedy.
Mr.. Gleason said the envelope contain
| ing the will had been in his possession
since December II, 1906, when he received
1t by mail from Pittsburg. Absolutely no
| change had beenl made in the document
from that time TIP this except the marks
for Identification put on the papers IN
court.
Mr.. Jerome only asked one or two quss-
tons on cross-exanlination, bringing out
| nothing new.
Mr. Demas then asked that Mrs. Eve
| Ign Nesbit Thaw be recalled.
ut has been testified by this witness,
| said Mr.. Delmas, when the young wife OF
the defendant had taken her place in the
big witness chair, THAT she wrote a, note
| to her husband in the Cafe Martin the
night of the occurrences on Madison
| Square garden. This note we UNDER
stand to be in the possession OF the
| learned district attorney. We now ask
the learned district attorney to produce
that paper"
Mr.. Jerome arose
1--WE have a piece of paper. don't
know that it Is this notei but | will send
| for it,
The acouiescence of the district attor-
ney was a decided change of attitude
| from last week. when he sat silent when
Mr.. Delmas had demanded that the note
| be produced
During the wait for the messenger dis
| patched for the paper Mrs Thaw under
went the closest scrutiny by those in the
/ of a
E., on every other day of the trial. She was
/ pale but entirely composed and seemed
/ to have been refreshed by her rest over
! Saturday and Sunday.
| Win the note had been received and
| identified by Mrs. Thaw. Mr.. Jerome Of
| fered no objection to it being read IN
evidence The note proved no surprise,
the wording being only slightly different
! from what has been generally reported
Mr. Demas read the note as follows;
Reads Note.
'"The b. was here a minute ago, but
went out again.
Mrs. Thaw said the D. meant
blackguard and referred to Stanford
| White
In bringing out the latter facts Mr..
/ Delmas asked:
| IN conversations between yourself and
your husband, who'was the person desig-
mated "b--"?
| stanford White.
! you have testified that you scalled him
'blackguard.' | take it this b is an
abbreviation of that word?'
Yes, sir
did You ever hear Mr.. Thaw' refer to
| threats made against his life by.Stanford
White?"
Mr.. Jerome at once objected on the
ground that in a plea of self-def'ense the
defendants own statements are not adj
mssible. MIR. Delmas claimed that these
| threats had been made and was compe-
tent to prove that Thaw armed himself
after hearing these threats
Justice Fitzgerald held that there was
no rule of law which will allow the de-
fendants own claims that threats were
made against his life. Mr.. Delmas
claimed that if he could show that the
defendants statements were the result
of insane decisions he would have the
right to show them.
Justice Fitzgerald sustained the objec-
ton and Mr.. Delmas noted an exception.
He then turned to Mrs. Thaw and said {:
You have heretofore recalled some Of
the events of the Christmas eve, 1908;
state whether at that time or subse-
quently. Mr.. Thaw made any declaration
to you as to his being followed by male
! factors, who were set upon him by Stan
ford White with design upon his life?"
Did you ever see pistol in Mr..
This Witness" he declared, has al
ready shown a most remarkable memory
as to minute details back to and pre-
ceding the year 1902.
Il object to the question as Leading +"
Justice Fitzgerald sustained the objec-
ton.
Mr. Delmas said it was impossible for
him to frame the question more broadly
and he would have to note an excep-
ton.
Saw Pistol.
stand that the courts ruling ON specific
Thaw's possession
yes" replied Mrs. Thaw.
did you know if he ever carried the
pistol anywhere except when he was in
New York;
"Ile never carried the pistol except
when in New York
Mrs. Thaw. the name of May Mac
fenzie has been mentioned a number of
times in this case. Will you state when
you first met herr
Il think it was in 1901
"Did YOU ever tell Mr.. Thaw OF a visit
made TO May Mackenzie when she was
sick in hospital and while Stanford
White was present.
Yes"
state what you told Mr.. Thaw.'
Mr.. jerome objected claiming that this
was another case of piling up cumulative
evidence without the essential fact being
first shown
In an unfortunate condition" said Mr..
Delmas. I'VE are trying to prove the
mental condition of the defendant by his
looks, actions and declarations. He was
momentarily insane and we are trying
to prove 1T by a series of acts before
and after this occurrence"
Justice Fitzgerald sustained the OBJ
lection.
Mrs. Thaw, did you in any conversa-
ton with your husband state to him
that after your marriage, May Mackenzie
had said, when she told Stanford White
that you were married and living hap
PLY with your husband that -"
Mr.. Jeromes objection to this also was
sustained
Mr.. Delmas asked if he was to under
stand that the courts ruling on specific
questions was to indicate that no further
questions along the line of conversations
between the witness and the defendant
were to be allowed.
II think the counsel should be guided
by the spirit of the courts ruling as well
as the letter." suggested Justice Fitz-
gerald.
81 do not desire for an instant to trans