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THE SAN FRANCISCO CALL, ' 3 | i Richly S andal of Thaw Trial Not for Ears of Fair Sex Proceedings Drag “as Jerome Contests Each Point 11 of The opening the Thaw trial lowed the case barred by or- week on the crowded ne manner the be the cen- anxious to £ her life. They ¥y plumage that ast week the ap- nee performance no bounds pulsed them the court’s suc except CONDITION NTA AT THE OPENING OF THE THAW TRIAL. G a TUESDAY, FEBRUARY 12. 1907. o nged Women Turned Away s THEY SHOW DISTRICT JOIN B ULASON ATTORNEY THE OR THAW WHO WAS SUPERSEDED BY DELMAS AND THE NOTED ALIENIST SUMMONED TOQ TESTIFY AS JEROME IN ACTION, o ose who had occupied front £ last week were led to be- e order could not possibly and they remained about long time in the hope that there might be some relaxation of the rule As the result of the order barring 1 here were Several rows of the courtroom when took his place on Harry Thaw was called o his place at triendly nod of his family a singl No member svas in court. WILL TAKEN UP tes ¥ as indicated by who asked that J. B. Lyon be called as the first witness of the day. Mr. Lyon testified that he had been .gaged in the banking business in burg for more than a quarter of e centwry and is now connected with the Union National Bank “You are ac ted with the gendant, Harry K. Thaw?" asked Delmas. Mr. con de Mr. Jerome objected, protesting against the defense procecding with a new witness while the examination of | Mre. Evelyn Thaw remained uncom- p Mr. Delmas stated that when court adjourned last Friday the will of the defendant was under discussion and had been ruled out ause of insuffi clency of the proof of the document. It was now proposed, le said, to pro- ceed with the further identification of the will. Mr. Delmas stated that he ainsidered that enough evidence had been intro- duced in the shape of testim of an expert and of laymen who were wit- nesges to the occurrence, to establish | a p\ma facie case of unsoundness of | mind All he was attempting to do,! he said, was to interrupt Mrs. Thaw's testimony for the purpose of better satisfying the district attorney of the defendant’'s unsoundness of mind at| the time of the shooting. He thought that in doing this he was comp with the district attorney's wishes. | Mr. Delmas acked that Mr. Lyon be allowed merely to identify @2n envelope and the package (the will) it con- | tained. Then if the district attorney objected further he would defer for the time being the offer of the will in evi- | dence. Mr. Jerome, in arguing that his ob- | jection should be sustained, went into the discussion of the rules of evidence which prevented him'from controvert- {ing the truth of Mrs. Thaw's testimony as to the story she teld her husband. Judicially, Mr. Jerome said, the court could not say as to whethgr or not the story Mrs. Thaw told her husband had any effect on his mind. “I must object to the line of argu- ment by the district attorney,” inter- rupted Mr. Delmas. “He is addressing himself to facts not in evidence.” Justice Fitzgerald stated that all :tements by Mrs. Thaw are upon the record practically by consent, but now the judgment of the court was invoked. The objection to the introduction of the documents on Friday was a techmi- cal one, but it was sound. There was a witness upon the stand when court adjourned whose testimony had not been finished. “It seems to me,” said the court, “that either that witness should be fin ished with or consent should be given to proceed with this witness.” Mr. Jerome withdrew his objection and Mr. Lyon was permitted to pro- ceed. How long bave you known Harry K. Thaw? asked Mr. Delmas, oy Ever since he was a bay, replied Lyon. 1 hand ¥ou an envelope and ask you if you ever saw it before? CNEN) < Wil - “HAVE YTV o’ TUDIED THE NERVOUS SVSTEM AT ALL"2 3 ) ) SHL ;‘é“»‘“ \ ! 1 have seen this before—it was in my pos- session. When did it come into your possession? Some time after April 1, . | Was the envelope sealed,’and did it apparent- 1y contain a package? 1 Yes. How did you receive the package? From the hands of Harry Thaw. LETTERS CALLED FOR Mr. Lyon said he was familiar with the defendant's handwriting, and it was his handwriting on the envelope. What did you do with the envelope? 1 placed it in my box in the safety Heposit vault in the bank. How long did it remain there? Untfl November, 1906. What did you do with it? 1 gave it to my stenographer, Charles Tohnston. Mr. Delmas showed Mr. Lyon another envelope, part of the writing on which he identified as that of his ste- nographer. Mr. Jerome took the witness, who, under cross-examination, = remarked that there were doubtless many letters from Thaw in the bank ttsburg. Can you, as president of the bank, produce th?e letters? 4 ¢s. 1 suppose So. Wil you? | Yes, if you want them. | Mr. Jerome stated he could not con- | tinue the ecross-examination without the letters and asked the court to order that the letters be produced. Mr. Delmas objected. What's the matter? asked Jerome, want the letters produced? T bave not the slightest objection to the in- troduction of any letter this defendant ever | wrote, was the reply. | | He objected to the letters being turned over to the District Attorney. Tt was only good that the let.ers should be turned over to the clerk of the court. Mr. Lyon was excysed and John B Gleason was called. Mr. Gleason has had possession of most ot the defendaut’'s papers since the tragedy. Mr. Gleason said the envelope con- taining the will had been in his pos- session since December 11, 1206. Abso- lutely no changes had been made in the document from that time to this except for the marks of identification. | Mr. Jerome asked only one or two questions on cross-examination, bring- ing out nothing new. POINT FOR DEFENSE Mr. Jerome conceded the progress of | the will direct from Mr. Lyon to Mr. Gleason, saying he would not require the defense to produce Mp. Lyon's sec- retary a8 witness to that end. The of- fer of the will In eyidence was de- ferred. » Mr. Delmas then asked that Mrs, Harry Thaw be called. “It has been testified by this wit- ness,” said Mr. Delmas, when the young wife took her place in the witness hair, “that she wrote a note to her husband in the Cafe Martin the night of the occurrence on Madison Square Garden. This note, we understand. to be in tue possession of the learned Dis- | trict Attorney. We now ask the learned District Attorney to produce that pa- per.” Mr. Jerome arose. “We have a piece of paper,” he said; Don't you prisone;’s Wife Gives Way to Alienist Who Holds Thaw Was Insane on Day of Traged Continued from Page 1, Column 6. fumulative in character only and -hm:}ld be established upon a broader and stronger foundation of direct evi- dence as to insanity than had been es- tablished At every point the court sustained the District Attorney's objections, and Delmas, though repulsed repeatedly during the day, reserved numerous ex- ceptions to the adverse rulings of the court upon which to hang an appeal to the higher courts in the event of his client’s conviction. Jerome consented to place in evi- gence the note written by Evelyn Thaw to her husband in the Hotel Martin wwhen €he saw White enter the cafe a Yew hours before her husband killed him. It was the brief line, merely In- forming her husband that White, to whom ehe referred to as “the b- which she explained meant “black- guard,” had come in and had gone out. Ywhen Mr. Delmas last week publicly demanded this paper from the. District Attorney the demand was ignored. At a recent conference he requested Ji;.ms to let it be placed in evidence 255 the District Attorney consented. ©n the night of the tragedy Thaw \@ropped the note into the pocket of his 'ruxedo coat, as he received it sitting in the Cafe Martin. Later, when he was searched in the Thirtieth-street police station after his arrest, the;| missive for some reason escaped ob-| servation. gent for a change of raiment, his din-| ner coat and the other clothing he had | worn on the Madison-square Roof Gar- | den were taken to the District Attor- ney's office, where a more careful in- spection was made and the writing was | found. There,/ was a wait of about five min- utes this morning when Jerome sent Garvan upstairs to get the Cafe Mar- tin note. During that time Evelyn Nes- | bit Thaw was in the witness chair, and, {as none of the lawyers held the floor in the interim, she had an unobstructed view of her husband, seated in his |usual place at the end of the counsel !table. Thaw appeared to be in excel- lent humor, and the spectators were ’much amused to see that he was ap- parently conducting a sort of tele- graphic correspondence with his youth- ful wife across the intervening space. Their messages, whatever their purport may have been, consisted of a code of smiles and nods and movement of the lips which may or may not have been intelligible to those versed in the s: called art of lip reading. { STORY OF THE “PIE GIRL” i | | One of the bits of “tenderloin gos- sip” which objection nipped in the bud and frosted, at 1 for the present, was the much | Btory. about the “pie girl.” evidentl Evelyn was quite ready v to tell all that somebody had The following day when heltold her and which she had told Harry | Thaw, but the District Attorney ob- iected and the court would not let her. This occurrence is supposed to concern one of the current stories to the effect that at a dinner party given by Stan- ford White he surprised his guests by | having a gigantic ple borne into the banquet room and when the crust was removed a diminutive stage beauty was | revealed. / Answering a hypothetical question covering every detail of the testimony up to this time in the trial, including Mrs. Thaw's narration of her life’s his- tor¥, Dr. Charles G. Wagner, superin- tendent of the State Hospital for the Insane at Binghamton, N. Y., declared on the witness stand that in his opinion Harry K. Thaw did not know that his act was wrong when he 'shot and killed Stanford White. Dr. Wagner stepped aside for later cross-examination by District Attorney Jerome, and as court adjourned for the day it was announced that the defense would offer testimony from other alienists tomorrow morning, QOIDB THAW INSANE 1'r. Wagner's opinion of a hypotheti. “|eal question, the man under considera- tion being the author of letters which have been introduced as emanating from Harry Thaw during his es e ment with Evelyn Nesbit after their 7 | return from Europe in 1803, furnished a day of legal sparring between Delmas of the defense and Jerome for the pros- ecution. J. D. Lyon, vice president of the Union National Bank of Pittsburg, tes- | tified that he had received Harry Thaw's will from the latter's hands some time prior to April 1, 1906, and had held it in a safe deposit box until |late in November last, when he di- rected his secretary to forward it to John B. Gleason of Thaw's counsel. Mr. Gleason then swore that he had re- ceived the will by mail December 11, 1906, and that absolutely no changes had been made in the instrument while in his possession. Mr. Jerome admitted the progress pf the will from Mr. Lyon to Mr. Gleason without the necessity of calling the former's Secretary. Mr. Delmas did not offer the will in evi- dence, however, owing to the fact that it has not in its entirety been proved as having been legally executed by Thaw. A new rule by Justice Fitzgerald, barring from the courtroom all women not engaged in active newspaper work went into effect today. Many of those who, bedecked in gala costumes, had occupied front seats heretofore, were on hand early this morning, but to no | | + “I don’t know that it is this note, but I will send for it.” During the wait for the messenger sent for the paper Mrs. Thaw under- went the closest scrutiny of those in the courtroom. She was attired pre- cisely as on every other day of the trial. She was pale, but entirely com- posed. When the note had been received and identifled by Mrs. Thaw, Mr. Jerome offered no objection to its being re- ceived in evidence. The note proved no surprise. Mr. Delmas read it as follows: “The b- was here a minute ago, but went out again.” Mrs. Thaw said the “b——" meant “blackguard” and referred to Stanford ‘White. Mr. Delmas asked: In~ conversation between yourself and your busbend, who was the person designated as Stanford White. : ive testified that you called bhim ‘‘black- You haj guard.” 1 take it this “b—" is an abbreviation of that word? Yes, sir. Did 'ver hear Mr. Thaw refer to the against his life by White? JEROME SUSTAINED Mr. Jerome objected on the ground that in a plea of séff-defense the de- fendant’s own statements are not ad- missible. 5 Mr. Delmas claimed that these threats had been made and that it was compe- after hearing of them. Justice Fitzgerald held that there was no rule of law whieh will allow the de- fendant’s own claim that threats were made against his life. Mr. Delmas claimed that if he could show that the defendant’s statements were the results of jnsane delusions he would have the right to show them. Mr. Delmas said it was /impossible for him t6 frame the question more broadly and he would have to note an exception. Turning to Mrs. Thaw he asked: Did you ever see a pistol in Mr. Thaw's pos- session? Yes. When, for the first time? I csnnot say exactly. It was some time after Christmas eve, 1808, Do you know if he ever carried anywhere except when in New York? He never carried the pistol except when New York. the - pistol in 1. Did you ever tell Mr. Thaw of a visit made to May McKenzle when she was sick in & hos- pital snd while Stanford White was present? Yo Stafe what vou told Mr. Thaw. Mr. Jerome objected. “The defendant, under the ruling, is DR. PIERCE'S REMEDIES Nature’s Way Is Best. The function stronqthenlng and_tissue building plan of treating chronic, linger- ing and obstinate cases of disease as pur- sued by Dr.-Pierce, is following after Nature’s plan of restoring health. He uses natural remedies, that is exiracts from native medicinal roots, prepared by processes wrought out b the expenditure of much time an monef without the use of alcohol, and by skillful combination in just the right proportions. Used as ingredients of Dr. Plerce’s Golden Medical Discovery, Black Cherry- bark, Queen’s root, Golden Seal Bloodroot and Stene root, specially ex thefr influence in cases of lung, bronchial and throat tronbles, and this “Discov- ERY" is, therefore, a sovereign remedy for bronchiiis, luy;fith. chronic coughs, catarrh and kindred ailments. The above native roots also have the rtrongest possible endorsement from the eading medical writers, of all the several schools of practics, for the cure not only of the diseases named above but also for indigestion, torpor of liver, or bilious- ness, obstinate constipatiol idney and bladder troubles and catarrh, no matter where located. You don’t have to take Dr. Pierce's say-so alone as to this; what he claims for his "Discovery™ is backed up by the wx&t‘ln of gha :nut e:nlnem m%n in Lh? medical profession. uest, geu card or_letter, nddres& to Dry 42 Pierce, Buffalo, N. Y., for a little book of extracts from eminent medical au- thorities endorsing the i ients of his medicines, will bring a little ,book fres that is werthy of your attention if needing a good, safe, reliable remedy of known co for the cure of almost any old chronic, or | ng malady. Dr. Pierce’s Pleasant, Pellets cure con- stipation. One little “Pellet " is a gentie laxative, and two a mild cathartic. The most valuable book for both men R and women is Dr. Pierce’s avail. The court officers had direct orders this time and obeyed them. As 8 result there Were many empty benches in the courtroom all day. tent to prove that Thaw armed himself | Absolutely Pure A Cream of Tartar Powder free from alum or phos- phatic Kakes Homs acid Baking Easy in an unfortunate conditon,” said Mr. Delmas. “We are trying to prove the mental condjtion of the defendant by his looks, actions ‘and declarations. He was momentarily igsane, and we |are trying to prove it by a saries of acts before and after this occurrence.” Justice Fitzgerald sustained the ob- | tion. 1 | “Brrs. Thaw, aia you in any conver- | sation with your husband state to him | that after vour marriage May McKenzle had said when she told Stanford White | that you were married and and living | happily with your husband that—-." | Mr. Jerome's objection to this was | sustained. | DELMAS SHIFTS LINE | Mr. Delmas asked if he was to under- | stand that the court's ruling on specific | questions was to Indicate that no fur- | ther questions along the line of conver- | sations between the witness and the defendant were to be allowed | “I think counsel should be guided by e spirit of the ruling as well as the letter,” suggested Justice Fitzgerald. “I do not desire for an instant to transgress the spirit of the court's rul- ing, and upon the slightest intimation that the spirit of the rulings is as in- dicated will desist.” said Mr. Delmas. “The court has gone as fully into the matter as it desires,” said the Judge “Did_you attend the theater with | Harry Thaw and a lady in July, 19037” asked Mr. Delmas. | th M Jerome again objected and the objec was sustained. What on the defendant did the presence of Stanford White have? asked Mr. Delmas. Again Mr. Jerome objected and was sustained. Upon your return from Europe in 1304 was Mr. Thaw present upom the steamer? Yes. sir. When you were on the steamer do you re- er whether Mr. Thaw told you anything a certaln person and what Bappew me at to_ber at the hands of Stanford White? Yes. The court sustained an objection by Mr. srome and the witness wi allowed to tell the story In Paris, did you tell Mr. Thaw asbout a young woman who was known between you as The Pie Girl?"” Yes. TESTIMONY IS STAYED Mrs. Thaw was not allowed to detail this story either. Thaw make bis last the ome which you se- When did Mr. of marriage to you, cepted? I think it was, about April 1, 1905. What did he say to you at that time? Again the District Attorney objected and was sustaimed. A document was shown Mrs. Thaw, who sald that it was first shown to her by Harry Thaw in Janua 1906. “‘Did he make any declaration re- garding it at that time Another objection was sustained. Continued on Page 4, Column 1. attain true greatness. “W*" -case. anies, it is the prettiest, the $525. Easy payments. 1220-24 Van Ness Ave. San Francisco, Cal. THE STYLE “W” KNABE The demand for a piano of the highest possible class and of dimensions sufficiently small to adapt it to apart- ments, cozy homes and diminutive flats has induced the Makers of the Greatest Piano in the World to create the New Style “W” Knabe Piano. 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