New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-07-10
Guarded by Objections.
He Tells of Murder
MiStrial Denied.
WIFE, ILL, EXCUSED
FROM TESTiFYING
Dramatic Charge That PrOsecu-
tor Got Mute Interpreters Aid
Ends Examination.

himself in his sanity trial before Jus
tice Hendrick yesterday. The phrase
witness against himself" was merely
a legal fiction, however. for Thaw
proved yesterday his own best wit
ness for himself When he left the
stand he was calm, smiling, confident
and particularly happy, although sup
posedly he had just passed through a
mental test to prove TO the Judge and
jury that he was hopelessly a maniac.
1t was supposed to have been the
ordeal Of cross-examination to break
down his calm demeanor, as it was
broken down by Jerome in previous
habeas corpus hearings. to prove that
he was still subject to violent mental
disturbances. But, as a matter of fact,
there was no ordeal OF cross-examins-
ton In waving examination Of him
at the beginning of the trial. when
Thaw was put on the stand by his own
counsel. and in calling him as their
own witness the states attorneys lost
the opportunity to submit him to the
crilling of examination.
Stanchfield Thwarts Cook.
More than once Frank Cook, the
Deputy Attorney General who took
Jerome's place as chief counsel against
Thaw, tried to ask Thaw questions cal
culated to excite him. But always his
counsel, John B. Stanchfeld, objected
that the question was cross-eXamina-
zion, and the court sustained him.
Finally the court made a general
ruling that Mr.. Cook should abide by,
to the effect that since Thaw was his
witness he was bound by the answers
the witness gave and could not use him
TO disprove his own testimony.
at has been necessary for me to
make this man my own witness" Mr..
Cook argued, land he is a hostile wit
ness. Therefore l have right to
cross-examine him"
"Mr. Cook waived that right in the
beginning" Mr.. Stanchfeld said. "He
had chance to cross-examine then,
but he didn't dare, and he can't do it
now"
The court supported Mr.. Stanchheld
in this, and Mr.. Cook seemed to lose
heart in his effort to break Thaw
down.
Lip Reading Accusation.
Now and then Cook still persisted in
trying to slip over more cutting ques-
ton to bring out inconsistencies in
Thaw's previous replies. Then sud
denly the examination of Thaw by the
state came 20 a dramatic and abrupt
ending.
"What are some Of the names you
have been applying to counsel in this
case, Mr.. Thaw?" Cook suddenly asked.
Mr.. Stanchfeld was on his feet in
minute and stated that the state had
a lip reader in court, who was report
ing to DR.. Austin Flint. the states
alienist, Thaw's jocular side remarks
made to his lawyers as he sat at the
counsel table with them. At this Al
fred L. Becker, Cooks assistant,
jumped up and shouted:
"Dr Flint wishes me to deny that.
| am surprised that a man of Mr..
Stanchfelds standing should make
such grossly unprofessional state
ment. l ask that he be reprimanded
/ by the court and l move that this be
declared a mistrial."
The court denied these motions and
directed Cook to 60 on with his eX-
animation of Thaw. Both the state
attorneys were red in the face and
angry. Cook looked at Thaw moment
and then decided to give it up as bad
job
81 am through with him." he said.
Thaw stepped down, smiling. The re-
suit is that, strangely enough, the state
| Will have to present its case to the
/ jury without cross-eXamining Thaw.
! The state will have to present its
! case, also, without the benefit of Evelyn
Nesbit Thaw's testimony. The effort TO
get her has been abandoned. Mr. Cook
informed the court that the doctor en-
gagged by the Sheriff at Chateaugay
/ Lake reported to him by telephone that
/ she was too sick to come down, so the
court dismissed the body attachment
against her.
+ Mr.. Cook all along has denied that
he saw the dancer the day she came to
/ town. But yesterday, when DR.. Flint
issued statement to the effect that
( Mr.. Cook had seen her at his home that
morning Mr.. Cook admitted that such
was the fact.
Cook Admits He Saw Evelyn.
yes, was at DR.. Flint's house, but
saw her only very few minutes"
Cook said. "The understanding was
that was not to say anything about it.
| did not tell her she did not have to
appear and could go back"
The first question Thaw was asked
at the opening of court was:
Did you believe you were insane
when you killed Stanford White"
Thaw hesitated and then he said:
AT the second trial the jury gave me
the benefit of the doubt in accordance
with Justice Dowling's charge, that
there was possibly defective reasoning
at the time of the commission of the
act"
Thaw was cslmer than the day be-
fore. Only once or twice did he ramble,
and then not at great length.
"Do you believe you are sane or that
you were insane at any time ?" Mr..
Cook asked
Mr.. Stanchfeld objected, and the
court sustained his objection, disposing
of that sort of questioning by the re-
mark: Every few sane people think
they are not sane, and very few insane
people think they are insane. | don't
believe Thaw's own belief as to his
sanity or insanity is of any moment
here"