The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-02-09

If 1 would marry him, and again | said,
don't know and laughed. The upshot
of the whole matter was that Mr.. White
came and said l ought to be sent to school
and I was"
At this stage of the trial one of its
most dramatic features occurred, District
Attorney Jerome arising and making an
earnest protest against any further
defama ton of the dead"
Mr. Delmas had asked the witness:
After you told Mr. Thaw what hap
pened between Stanford White and you IN
1901 did you ever have any conversation
with him in which HE told you what hap
pened to other young girls who had met
similar fate at the hands of that man.
"What MANI" interrupted Mr.. Jerome.
Defame the Dead.
"Why Stanford White replied Mr.. Del
mas in a loud tone who else?"
II appeal to your honor" said the dis
trict attorney, that has gone far enough.
Are there no limits to which the defama-
ton of the dead may go? The prosecution
has no chance to controvert one word or
this testimony and Stanford White Is
dead"
your honor" replied Mr. Demas. I'VE
contend that in proving the state OF this
mans mind we have to introduce the un-
doubted evidence which tends to snow
such fresh fuel was added to the fire in
things the defendant heard from olher
sources We will produce documentary
evidence executed by Thaw himself show
ing his condition | have no more desire
to defame the dead than the living, and
believe my conduct of this examination
mas shown we have no desire to say ono
more word against the memory of stan
ford White that my duty does not conpel
me to say. My duty Is to the living
To this Mr.. Jerome replied:
30 how moi the slightest EVIL
dence in this cas- eto show that the de-
PENDANT was ever unsound mind in his
life submit that this is matter
which comes we'll within the discretion OF
the court. If there is evidence OF the
insanity of the defendant 1t should be
introduced now before this loose tattle
of the tenderloin goes on, tattle that I'M
der the law we are not allowed to con-
trovert."
Justice Fitzerald then took a hand say
ing:
FitzqeraId Takes Hand.
IF the court has any discretion IN this
matter it is anxious to exercise IT, Inc
suggestion of the district attorney seems
a good one. would suggest that thls
is the proper time for the introduction of
the evidence the counsel refers 10.
Justice Fitzgerald then explained to the
Jury the provisions of the law Whlch IN
cases where insanity is pleaded as a de-
Tense prevents the prosecution from con-
towering any statements which have
been made to this effect whether true or
not
Mr. Delmas then began the Introduction
of a number of papers and documents.
Among several papers handed 10 the
witness to identify was Harry Thaws
will in which he is said to have left all
his property to his wife
Mrs. Thaw identified the handwriting
of tho defendant the DaperS, Mr.,
Jerome went over the papers with the
witness in whispers, the two bending
their heads low together over the desk
to the right of the witness chair.
A full half hour was consumed in the
examination of the papers which finally
were formally marked as exhibits
Thaw's Will.
Mrs Thaw was then excused temper
arly to allow Miss Frances E. Pierce to
be called to identify her signature as
witness to the papers.
1t developed from Miss Pierces testi-
mony that one Of the papers under dis
cussion was the will of Harry K. Thaw.
Both wills were executed on April A. 1905,
the day Of Harry Thaw's marriage in
Pittsburg.
Miss Pierce identified her signature, and
said on cross examination she did not
know whether all the matter in the wills
as introduced were in them when she
appended her name.
Mr.. Jerome declared the wills had many
interlineations, additions in various hand.
writings. He thought all these changes
should be proved before the papers were
received in evidence.
Justice Fitzgerald upheld the objection
and ruled the wills out.
The defense noted an exception.
Mr. Delmas argued that the document
was admissible because the various pages
were fastened together with the sigma
ture on the last page. Mr.. Jerome said
that this was not sufficient identifica-
ton Justice fitzgerald stated that the
Identification was not complete and COM
petent. and Mr. Delmas offered the last
page in evidence and Mr.. Jerome again
objected
Justice Fitzgerald ruled that as 1t was
to be used to show the unsound mind
of the defendant 1t must be positively
shown that 1t was in the same hand as
when signed. This sustained Mr.. Jsrome's