The evening world., 1908-01-22

toii VDOi NV VI Nv itsbIlllbllS " IllCll
Evelyn Nesblt Thaw gave on cross-ex-
animation yesterday AMI the day be-
fore.
He called as his first witness Miss
France Pierce, a middle-aged woman,
well dressed and full Of confidence. Miss
Pierce testiied AT the last trial
1t was she who gave Evelyn Nesb!; a
temporary home In the spring OF 1905.
when the chorus girl returned from
Europe with Harry Thaw and after
the Hotel Cumberland had refused TO
shelter the pair.
She also accompanied the young wom-
an to PIttsourg for toe wedding. was
present at the ceremony and as a wit
ness signed Harry Thaw's eccentric
Will. which lie drew Up on the day Of
the marriage.
Saw Them Married.
Miss Pierce said she nrst met Mrs.
Harry Thaw at No. S West Ninety
seventh street IN 1891
Il accompanied Miss Nesoit to Pitts
ours when she was married TO Mr..
Thaw." said Miss Pierce.
Miss Pierce said she was present at
lslc cCGtlO u IA = Will s.It ItN'.-
tifed her signature when Mr.. L!ttleton
showed her the paper. She also iden-
tilted ner signature ON the codicil.
which played SO important u part at
tne last trial.
Dies his will look the same a.
when YOU signed it?" asked jerome on
cross-examinHtion.
Yes" said the witness. ~ IA very
voluminous. The vii! | signed had
about the same quantity OF paper as
this one. l didn't read the will. i only
SAL the pages l signed.
jerome Objects to viii.
Mr.. Jerome objected to the admission
OF the will on the same grounds which
ne put Onward when John B. Gleason
first offered 1t last year.
There Is nothing TO show he sad.
that these documents are the an
which the witness signed. for she dlG
not read them. Moreover, the appear
anoe OF this document is not such as
to inspire confidence. The will. as you
see. consists of a lumber OF sheets
loosely pinned together. 1t might De
that this alleged will was tempered
with after 1t came in the possession
OF the former counsel OF this defend
mt"
Mr.. L!ttleton suggested that the tes-
timony given by John q. Gleason in
the last trial be read for the Justices
information. He said this would show
that Gleason swore he offered the will
in exactly the same form in which 1t
came TO him. jerome said he would
prefer to have Gleason called as a wit
ness.
Il saw only the last page OF the
will" explained Miss Pierce. but
saw Mr.. Thaw sign 1t and l witnessed
his signature.
~ can only say that In its general
appearance in bulk the will signed
looked ike the will YOU now show me.
Q. You don't know whether or not
any pages have been pasted in or torn
Ut or altered snce YOU saw It? asked
Jerome. A. No.
AT his answer Mr.. jerome renewed
his Original objection. but Justice BOWL
ing said ne would not hold the defense
down to strict proof thai tie docun.e,i
now ftered was the Original will II It's
entirety. and that he would call on
= AHh' = 80 ~ 49, '
present form i, was substantially H. i
lec, Harry ThaS's hands.
The disputed Will. which jerome
waved abo 1t as he argued, was a whole
sheaf OF foolscap paper OF various
lengths and sizes, one typewriter
and some written in pen n ink. all
bound together by a single pin at one
1t was such a document as one
might imagine Harry Thaw compiling.
but, like him 1t was loose jointed. IN
kempt and weird.
Justice Bowling took the will out of
Jerome's hand and examined 1t closely.
paying particular attention to the codi-
ell. which. the defense claims. showa
the trend OF a diseased mind. and which
vas in a separate parcel.
codiciI Goes In.
Jerome wanted to rule out the codlcil.
Justice Bowling said Il ,rpeared to
he n STRAIGHTFORWARD enough document.
therefore excluded thn will. but adj
the codic'l to evidence.
The Court minated that he you'd
take up the question OF the final admis-
sion OF the will later. after Thaw's s'le
I'D been given an orportlnitv TO rein
force it's claim hat 1t nevcr has been
hanged or tamuered witt since leaving
deferse's custody.
Mr.. Littleton then excused Miss
Pierce. Jerome said he might want to
examine her again. and that he sup
posed he la better serve her with q
prosecution subpoena.
you don't need to do that" spoke
up Miss Pierce. TN come back-on
my honor. l will"
This provoked a laugh. Miss Pierce
departed. and then Llttleton read to
the jury the famous codicil. For the
iirst time he was permitted to read out
several names which last year were
suppressed.
Aids Women In Codicil.
The codicil was dater April 4, 1905. II
bequeather 800 to Rody T, Marshall.
I pittsaurE lawyer. TO be used in OBJ
tanning redress for one Mary Courtney,
iyr.u,r.y a. SO, 24 IVES, Forty-sixth
street, New York. who Is mentioned IN
connection with Stanford White and
another woman.
THE cnaIcil also recItad tha, the