Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-20
WILL TEST VERIFY
SEARCHING RosS-EXAMINA-
TON BY PROSECUTOR JEROME.

NEW YORK, February 2O-That District
ly cross-examine Evelyn Nesbit Thaw has
| already developed and there is little doubt
that most of today's session at the Thaw
trial will be taken up with that cross-ex-
| animation.
ruling made late yesterday afternoon
just before court adjourned, may have a
! very far-reaching effect on the case It has
been held all along that under the law it
| Is immatertal whether or not the story OF
Evelyn Nesbit Thaw was true. If Harry
Thaw believed it, and If the recital aided
| in Infringing his mind, that was enough.
1t has, therefore, been supposed that Mr.
Jerome would not be able to go into the
| truth or falsfty of the statements which
Mrs. Evelyn Thaw stated on the stand she
| told her husband.
Yesterday, soon after beginning the cross
examination, Mr.. Jerome asked young Mrs.
| Thaw if what she told her husband regard
ing her associations with Stanford White
was true. There was an argument over
| the admssibility of the question, which
| ended in Justice Fitzgerald holding that it
was permissible as going to show the cred
Utility of the witness. The great question
now is how far will this throw down the
| bars and a..ow the district attorney to in
| troduce evidence in rebuttal for the pur-
| pose of showing that the story was not
true
An Immediate Ruling.
1t is evident that Justice Fitzgerald has
fully Informed himself on the law covering
these points, as his ruling yesterday was
| made without hesitation and after little
argument. Ever since the trial began 1t
has been evident that the question would
have to be met sooner or later, and when
1t did come it was decided with a speed
| that was startling.
There seems little doubt that if the court
will allow it Mr.. Jerome will attempt to
show that many of the statements young
Mrs. Thaw has testified she made to her
hus band are not true. If he is able to show
this it will, of course, make no difference
in the main fact of the case. The law that
the truth or falsity of the story makes no
difference still holds good. The only effect
of proof that the story was untrue, If it can
be produced, would be to, in measure,
disc redit Mrs. Thaw's veracity and perhaps
rob her of some of the sympathy she has
enlisted by her pitiful story.
That the district attorney believes he can
prove that some Of the statements are not
true, or at least that Mrs. Thaw is mis-
taken in them, there can be no doubt.
Length Of Case.
How much time Mr.. Jerome will require
In the cross-examination of the defend
ants wife, it is, of course, impossible to
say. The defense will then, 1t is under
stood, call at least a half dozen more wit
nesses, whose testimony will require prob
ably two or three days. Mr.. Jerome has
not yet cross-examined either DR.. Britton
D. Evans or DR.. Charles G. Wagner, the
alienists who have been on the stand for
the defense. Then will come the testimony
in rebuttal, the extent of which will depend
largely on what testimony in an attempt to
controvert young Mrs. Thaw's story is al
lowed to go in. The trial is now in Its
fifth week, and as yet the end is by no
means in sight.
Justice Fitzgerald received threatening
letter yesterday. 1t was sent from St.
Louis and accused the judge of siding with
Jerome against Thaw. The writer threat
ened to kill Justice Fitzgerald and District
Attorney Jerome il Thaw is convicted.