The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-02-20

| dinners and at theatres.
Yes, He showed a full appreciation of
the value of money in making change
and all that. 1 did not notice as to the
use of intoxcants."
did you at any time see him drink
to excess?'
No said the witness, who added what
he drank did not seem to unduly excite
him.
when you were in the bath room, did
the defendants conversation disclose any
erratic to your mind?" was asked.
No"
Was the operation for appendicitis
performed on Miss Nesbit in 1892
Yes"
DeImas Objects.
Mr.. Delmas objected to this. He said
the only evidence that the evidence for
appendicitis was the statement by the
learned district attorney to which, he
| took exception.
Mr.. Delmas asked the witness If she
was present at the operation, and she
said she was not Mr. Delmas moved to
| have the question stricken out.
Did Evelyn tell you that the operation
was for appendicitis?' asked Mr.. Jerome.
Yes
The matter was allowed to stand.
! Mr.. Jerome said he was through, and
Mr. Delmas toop up the redirect exami-
nation.
The witness said Thaw always acted
rational except in the presence of Stan
ford White. Thaws attentions to Miss
Nesbit were always respectable.
Mrs. Caine was then excused and Eve
Ign Nesblt Thaw was recalled to identity
more papers.
Mrs. Thaw idetifed a letter which had
been written to Thaw by her mother
ibid you ever see it in the possession
of Mr.. Thaw prior to June %, last?"
Mr.. Jerome objected and Justice Fitz-
gerald took the letter, reading it care
fully
LAS I understand It," said Mr.. Jerome.
this man came to Mrs. Nesbit and made
definite cash proposition
IF the learned district attorney desires
to take that commercial view of 1t he
may do so,' interposed Mr.. Delmas.
Justice Fitzgerald overruled the objec-
ton to the letter and it was read.
The letter was dated at the New Jersey
school which Evelyn attended in 1903.
1t read:
Reads Letter.
Dear Mr.. Thaw-Evelyn has suffered
terribly, but is out of all danger. AS
soon as the physicians can safely do so
she will be moved to the hospital. She
was very grateful for your message. /
| received your very kind letter Thank you
very much. Howard is here but leaves
today. I hope you are very well and
trust to see you very soon
(Signed) L. NJ. NESBIT.
lone question more, Mrs. Thaw." said
Mr.. Delmas, did You and Mr.. Thaw dis
cuss May Mackenzie after you ad gone
to Pittsburgh
Yes; Mr.. Thaw said he was afraid
Stanford White was going 10 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
Mr.. Delmas to Mr.. Jerome.
The district attorney again asked per-
mission to reserve his cross-examination
| until some future time.
Mr.. Delmas at once objected and in
sisted that the examination go on at
once
IT distinctly told the learned district
attorney" he said, that / would insist on
the s-examination this afternoon. Ten
days ago he took an adjournment for
the purpose of preparing for cross-exam-
ination. We insist now on an Immediate
cross-examination."
Jerome Replies.
There was a definite understanding on
| this subject in court said Mr.. Jerome,
| land we further discussed it out of
court. My recollection of the agreement
reached differs entirely from counsel. II
| Mr.. o Reilly had not told him 1t would
be tactically better to force cross-ex-
animation at this time counsel would
not do so. In the future all stiplations
! will be made in court.
at don't want to subject this young
woman to tho ordeal of a cross-examna-
| ton unless 1t Is absolutely necessary,
went on Mr.. Jerome. 81 repeat that If
! legitimate case of insanity is made out
I will be the first to admit it. | do not
want to start this cross-examination I'M
til 1 am sure that it will be necessary
| to cross-examine her"
ION the statement of the learned dis
| trict attorney" here interrupted Mr.. Del
mas, 81 will withdraw my insstance that
the cross-examinaton now proceed and
agree to a further postponement, but
| until then"
Mr.. Delmas turned an inquiring glance
to the district attorney.
you have other material witnesses; go
on with them" retorted Mr.. Jerome. The
| district attorney proceeded:
| 81 examined DIR. Deemar and DR.. Bing-
| aman in my office, and 1t is absolutely
necessary that they be called to the
stand. 1t was agreed so at the time OF
| the examination"
"Jf that remark is intended to repre-
sent my position, it is entirely wrong,
| replied Mr. Delmas
Thaw Enjoys Joke.
IF I am not mistaken there were four
attorneys for the defense, present. re-
Joined AIR. Jerome,
AT this SALLY Thaw grnned broadly and
nudged Attorney Dan O'Reilly, who sat
| beside him.
In continuing the discussion Mr.. Del
mas turned to the district attorney. did
| understand you to say that If you are
honestly convinced Mr.. Thaw was insane
June %, last, that you would abandon
this prosecutions?
II agreed to nothing snapped Mr.
| Jerome.
Mr.. Delmas asked that the district at
torney's remarks be read from the record.
The stenographer did so, as follows:
Mr.. Jerome. "If when all the evidence
on the subject of insanity is in ] am
| honestly of the opinion that he was IN
| sane, | am not going TO take up the
courts time and this jury's time by
contendng-"
The statement here had been cut short
by an interruption of Mr.. Delmas.
~ stand on that" said Mr.. Jerome.
Justice Fitzgerald stated that all that
had been done had been done by agree
ment. and not on the order Of the court.
He said IT was a matter that lay between
the attoreys,
.'I have offered to give the district at
torney any reasonable time to make up
his mind whether or not he will cross
examine this witness" said Mr.. Delmas.
Thursday morning al 1880 o'clock, "
said Mr.. Jerome.
"Does the district attorney desire that
we shall adjourn until that timer"
Reach Agreement.
| "J said that | will be willing to cross