The San Francisco Call. Newspaper, February 20, 1907, Page 2

Jerome Gains Mastery in the Thaw Proc Delmas Contests Every| ~ Inch. but [ s Worsted Letters and Checks Are Put in Evidence d f lawyers, | sketch of ' the. arrangements of the fied forty-two hour rs was » the wit- Mackenzie ? 1805, had gements for it and paid ration itself was He would i then about epart w up Stanford ony Com- had t take fates %ot Stanford "4 ion ishand young ser of mentioned in the codjefl or THE PIE GIRL FATE ¥ the fate of He o bad T told ssked me suffered 1 him 1 theater when Stanford 1 asked him had heard the ia me, and be was a stag in a big was very young— e sajd. He also told [ sutiful figure and wore helped it ber in the k. s Zirl jumped out of s fiew all about the room party af the St. Regis in and Mrs. Thaw and an- presént the guest 'ry of the pie girl. and to keep it out ent on _thelr Te ther sa r of the that the girl was dead. the story gnd that it was married, but her er connection with cast her of and she erty and disgrace. d Mr. Thaw often speak of these discussed if. He told me some- be done about the girls. 1 told d wot do angthing. He sald I could tricd to get his mind on other would say 1 was trylng to o id Stanford White ought in the penite ry; thet he got worse ree sll the time and something bad to You may take Delmas to Jerome. the witness,” said The moment of waiting for the prose- | interrupted | cu firs on was by Delmas, ad a few more papers for the witness to identify. One-of the papers letter from Thaw to Anthony Com- stock. In it Thaw described the studio in the Madison Square Garden as being filled with obscene pictures, and said it should be raided. He also described the studio at 22 West Twenty-fourth street, which he sald was “consecrated debauchery,” and was used by a “gang of rich criminals.” In this building, the letter sald, were the famous red velvet swing and the another man | paper and finally | uld not tell you every place and | identified was a| “Workmen upon the outside of the building,” says the letter, “have fre- quently heard the screams of young gifls from this building.” The letter continued that the place s frequently visited by young men did not know its character. The letter rallo:} attention to another house, 122 Bast Pwenty-second street, w ee or four of the same scoun- for disgustingly immoral pur- equipment being highly sug- of its uses. Delmas asked Mrs. Thaw if she had told her husband of certain infamous practices on the part of Stanford White. “Can you describe them?” Mrs. Thaw flushed. “Oh, no; they are unspeakable.” “Now you may take the witnes: sald Delmas to the District Attorney. Jerome arose. ‘I will ask permission to reserve my cross-examination of this witness until I can determine whether a cross-exam- | ination is needful upon the issues raised in t case.” “We will assent to that,” sald Del- mas, and Mrs. Thaw left the stand. “Call Mrs. J. J. Caine,” commanded Delmas. Mrs. Caine is a petite young woman, with an abundance of brown hair worn ompadour. She was smartly attired ina ark brown suit and wore a toque of rown fur. Mrs. Calne had known Mrs. n Thaw and her mother for six and Thaw for three years. Del- asked: fere you in New York in 1903 and present n_there occurred a conversation between Thaw and Mrs. Holman in which Mr. Thaw made a proposal of marriage? was. State what ithat conversation wes. was in the room when Mr. Thaw called A Mrs. Holman that he wanted to marry happened after Mr. Thaw made this t the room you sccompany Mr. and Mrs. Thaw to a late in 1903 or early in 19047 Did Stanford White come i X in and oceupl effect ald this have upon Mr. Thaw? ooked at the box, his face turned white his eves popped in a wide stare. How long did be look that way? Until Miss Nesbit told him that if he did she would take him from the theater. happened next? White got up and went out and we re- y have the witness, Mr. Jerome,” id Delmas. On cros: xamination Jerome asked Mrs. Caine several questions regarding the vis asked: t to the theater with Thaw, and When next did you see Mr. Thaw? o Mrs. Nesbit's apartments. Were vou In the 1 was In tie oom adjoining, but the ajar, and 1 could see 4nd hear did you happen to be in the bathroom? r. Thaw telephoned up to the room bi 1 could hear what was " Did she tell you anything about Thaw? Xot then Did Mrs. Nesbit give any reason for asking you to go into the bathroom? she wanted me to hear what Mr. w said. What 1 am trying to get at is why she made *bis request that you set as an eavesdropper Delmas was on his feet exclaiming: “I object and desire to note an excep- tion on the ground of misconduct of the District Attorney.” Well,” said Jerome, “it is unusual- ly— ‘I protest and note another exception the same ground,” broke in Delmas. “Well, all right, I'll go at it another way. Mrs. Caine, did you not consider it an unusual performance?” I did mot consider 1t at all. bappened some time before Mrs. t i you that Thaw was interested in | n, and when be telephoned up all she wes to ask you to go into the bathroom i listen? remember of the con- versation? INDUCING EVELYN TO MARRY He told Miss Nesbit about his desire to send Eve to Burope and said if she would marry him would settle enough on Mrs. Nesbit and Mr. Holman to keep them forever. said she would try and fix it so Evely accept him. How long were you in the bathroom? Jo )y a few minutes. Mr. Thaw did not stay ong - to would en you came out what did Mrs. Nesbit say you She said honorable.” Had there been any discussion as to whether his _intentions were or were not honorable? What pext did Mrs. Nesbit say? She said she wanted me to help her to in- duce Evelyn to take Mr. Thaw &s a husband. Jerome pursued his questioning at He endeavored to bring | vitness that y Thaw and | White. Eve- great length. out the fact from the _ upon the second trip Har. Evelyn Nesbit made to Europe, lyn's mother did not accompany ‘them. Delmas objected to this line of cross- examination, but Justice Fitzgerald up- held the District Attorney, who de- clared he was not indirectly attacking the credibility of Mrs. Thaw. Delmas noted many exceptions, de- claring the movements of young Mrs. Thaw's mother could not constitute jevidence against the defendant. “Did Mrs. Evelyn Thaw tell you that her mother was not upon the second trip to Europe?” finally asked Jerome. No. ' | Did you see Mrs Thaw's mother in this coun- try while her danghter was in Burope in 10047 Yes. Onee in New York. Did you discuss Miss Nesbit's whereabouts? We did_not. When did you mext see Miss Nesbit or Thaw? After they returned from Europe. Where did_Mrs. Nesbit then live? In Ninety-first street most of the time; part of the time &t the Gregorian in Thirty-seventh sireet. The house in Ninety-firef street was a private house. Besides the Nesbits and Mr. Thsw I saw no ope there but the maid. saying that it was being “used secretly | 1 a box opposite | € asked me to g0 into the bathroom | Mrs, Nesbit | 1 know, you see, his intentions are Did Mrs. Nesbit live for a time at the Cumber- land? Not that 1 know of. During the time did you have conversations with Mr. Thaw? Yes. l Delmas objected to her telling of these conversations and was upheld. | “During the two months you and| | Miss Nesbit were so much together did | you know where Mr. Thaw lived?” | asked Jerome. [ ou had read in the papers about | the Hotel Cumberland?” | Delmas objected. | Jerome explained to the court that he | had a right to ask the questions in an | attempt to show, if possible, that the| witness had not told all she knew, or| | that she was mistaken. | After a wordy dispute between the |lawyers Delmas withdrew his objec- | tion and Mrs. Caine said she had read | | of the Cumberland. | When this Cumberiand episode occnrred, where | | were you? | | went to live with Evelyn in Forty-first | | street. S | Did’ she ask you to g | . No. She came to the store where I was wor ing and I told her I was about to take an apart- ment and asked her to come and live with me. | We looked up advertisements in the papers and | found the Ninety-first-street apartment ard tarted there that night. It was a furnished apartment. | "Dia Thaw go with you? | Whose name aid you give In taking the apart- | ment? My own name. What name did Miss Nesbit give? She 4id not give any. It was not necessary. At this point a recess until 2 o’clock | was ordered. { WHO PAID THE RENT? | Mrs. Caine's cross-examination was resumed when court reconvened. | “How long did you and Mrs. Thaw | occupy the Ninety-first street apart- | ment?" asked Jerome. Three week: | Who paia 1 dia. Out of your own money? Yes. Mrs. Caine's voice was low, but she answered quickly and briefly. On sev- eral ocasions when Delmas thought Jerome's questions were being pressed too hard he interposed, and when the | District Attorney attempted to draw from the witness the details of con- versations with Thaw he made objec- tions. e rent? | Where @id Miss Nesbit go after you and she broke up housekeeping? To Mrs. Jewett's. | And then where? To Dr. Bull's sanitartum for the second opera- tion, All the time you were with Miss Nesbit in Ninety-first street, did you and your husband maintain your own apartment in~ West Tenth street? | Yes. | Did _you end Miss Nesbit continue to go out with Thaw? Yes You sald this morning you wanted to protect Nesbit. What aid you want to protect her " 1 from From newspaper notorlety. | What was the notoriety? | “I object most seriously,” said Del- | mas. & What the newspapers said was not material.” “What material,” the newspapers sald s very | commented Jerome. “You eard, did you not?” he said, address- ing the witness, “that this defendant | |and Miss Nesbit were ejected from a hotel?” “I read it in the papers.” The answer was given before Delmas could state his objection, and he moved | to have both question and answer stricken out. “Did You hear anything except what you saw in the newspapers?’ asked | Justice Fitzgerald. “No, sir.” |~ “Then your question and the answer | will be stricKen out,” ruled the Judge. “You want us to understand,” said | Jerome, “that you took the money you {earned in the department store, paid the rent of this apartment for Miss | Nesbit and were not reimbursed?” I was not reimbursed fn any way. When you and Miss Nesbit went to the | Ninety-first street.house upon the first might | aid_ you have any’ baggage? Why did you spend the night there if you had another apartment? | There was not room there for Evelyn. | Did you plan to stay there when you went out to find an apartment? We had no plans. THAW USUALLY NORMAL Had you a telephone at that apartment house? 1 don't vemember. During the three weeks while you were there | did_you never use that telephone? Never. | Dia ditss Newvit use t7 | Not to my knowledge. | At all the dinners and theater parties were | the acts of the defendant rational? | “Except when he saw- Mr. White. | I'suppose he paid all the bills at the dinners | | and theaters? Yee. He evinced no undue excitement except when | he_saw White? N No. | He showed a full appreciation of the value | of money in making change, ete.? | 1 aid not notice. As to the use of intoxicants, did you at any | time see him drink to excess? en you were in the bathroom did the | defendant’s conversation disclose anything er- | ratie in your mind? | No. { Jerome reverted to the Daly Theater } incident. | | You knew there was a feeling of enmity be- tween Thaw and White? os. Did Mzs. Thaw tell you the reason? No. How did you know it? . From Mr. Thaw's appearance when he saw Mr, His appearance was that of a man roused at the presence of an enemy. | Was the operation for appendicitis performed | on_Mrs. Nesbit in 19087 | Yes. | Delmas objected to-this. He sald the jonly evidence that the operation was | for appendicitis was the statement by the “learned district attorney,” to which | he took exeception.. “Did Evelyn tell you that the opera- |tion was for appendicitis?’ asked | Jerome. ¥Yes.” | The matter was allowed to stand. J Jerome said he was through and Del- | mas took up the redirect examination. The witness sald ‘that Thaw always |acted rational except in,the presence |of White. Thaw's attentions to Miss { Nesbit were always respectful. Mrs. Caine was then excused and Evelyn Nesbit Thaw was recalled to identify more papers. Mrs. Thaw identified a letter whieh she said had been written to Thaw by her mother. K { | { 200 STYLES IN QUARTER SIZE! ’ | COLLAR S have buttonholes that are strongly rein- forced at the ends where the strain comes. They're the strongest made. eedings “Did you evér see it in the possession of Mrs. Thaw prior to June 25 last?” A CASH PROPOSITION Jerome objected and Justice Fitzger- ald read the later. Delmas sajd the letter, which was written by Mrs. Nesbit subsequently to Thaw’s proposal for the hand of her daughter, tended to show a condition lmsll:ened upon the defendant’s mind. he letter shows that Thaw paid honorable court to this girl and with her mother’s consent,” saild Delmas. “As I understand it,” said Jerome, “this man came to Mrs. Nesbit and made a definite cash proposition.” “If the learned District Attorney de- sires to take that commercial view of it, he may do so.” Jerome sald there was no necessity of showing the attitude of the mother toward the defendant at that time, adding: “If it comes to letters I have in my possession an endless chain of letters. Delmas noted an exception to Je- rome’s statement. Justice Fitzgerald overruled the ob- ection to the letter and it was read. The letter was dated at the New Jer- sey school, which Evelyn attended in 1903. It read: Dear Mrs. Thaw: Evelyn has suffered terri- bly, but is out of danger. As Soon as the phy- sicians can safely do so she will be moved to a hospital. She was very grateful for your mes- sage. 1 received your kind letter. ~Thank yon very much. I hope you are well and trust to see you very scon. E. M. Nesbit. “Did you and Mr. Thaw see May Mac- Kenzle after you had gone to Pitts- burg?” “Yes. Mr. Thaw sald he was afraid Stanford White was going to do some- thing to Miss MacKenzie. I told him she was able to take care of herself, but he seemed much worried.” CROSS-EXAMINATION BEGUN Jerome expressed willingness to take up the cross-examination Thursday morning, the defense to proceed with its other witnesses in the meantime. Delmas would not consent and Jerome yielded, beginning the cross-examina- tlon of Mrs. Thaw. Jerome drew forth a large number of papers from a leather pouch. He se- lected one and handed it to Mrs. Thaw. Is that your handwriting? 1t looks lke mine; I can't say. Weren't you, in March, 1602, drawing $25 a week from the Mercantile Trust Company, when you were not playing, and is not this letter ad- dressed by you to the trust company directing what shall be done with the money? Delmas objected. He declared that the letter would speak for itself. Jerome withdrew it and asked Mrs. Thaw to identify the signature on three slips of paper. “It looks like mine; I can’t say positivel; Are they not recefpts for the $25 a week you drew from the Mercantile Trust Company? Delmas again objected and Jerome changed the question. Is it not a fact that you, in March, 1902, were drawing $25 a week from the Mercantile Trust Company? 1 can’t say. Was it not about that time? I can’t say positively. “You may now take the witness,” said Delmas to Jerome. The District Attorney again asked permission to reserve nis cross-exam- inatjon until some future time. Delmas insisted that the examina- tion go on at once. There ensued a long discussion be- tween Delmas and Jerome as to the deferring of the cross-examination of | Mrs. Thaw, the District Attorney say- ing “that if a legitimate case of in- sanity is made out I will be the first to admit it. I do not want to start this cross-examination until I am sure it will be necessary.” Jerome further said that it would be necessary to recall Drs. Deemar and Bingaman for = cross-examination. In the course of the session Delmas turned to Jerome and asked: “Did I understand you to say that if you are honestly convinced Mr. Thaw was in- sane June 25, you would abandon this prosecution?” “I agreed Jerome. to nothing,” replied Delmas asked that Jerome's remarks | be read from the record and the stenographer started to do so, but after reading a few words he was cut short by an interruption. “I stand on that,” said Jerome. PROOF OF HER LOVE Jerome handed Mrs. Thaw a large number of papers, checks, etc, and asked her to select the ones she knew she had signed. She did so. What day was It you returned from Europe in 19037 1 don't remember the exact date. Was it on Saturday? 1 don’t know. When you left the steamer dld you go to a hotel ? Yes. Best Natural Laxative Take balf a glassful in the morning for headache, biliousness, torpid ltver ‘and especially FOR "CONSTIPATION COFFEE The responsible man is the roaster; his is the narmhe to go by, Your grocer returns your money if you don't 1ike Schilling's Best. RECEIVER'S NOTIOE—GERMAN NATIONAL INBURANCE OOMPANY—AL claims against Ni - JERDME ATTAGS THE - EFENGE OF THAW Move of Prosecutor Sur- prises Lawyers of Ac- cused Man Continued From Page 1, Column 6 mobile sobbing as she started for apartments in the Lorraine after journment. Jerome before the close of the day had reverted to the.story told by the witness of her culminating wrong at the hands of Stanford White. The Dis- trict Attorney took her over the ground previously traversed, evidently attach- ing much importance to placing defi- nitely the date of that occurrence. The witness was positive as to her recol- lection that it was the next day after she had posed as described for a series of photographs. < AN UNEXPECTED BLOW Such emphasis was laid by the Dis- trict Attorney on the time of the event that the conclusion was inevitable that he expected to strike some unexpected blow which may seriously shatter the ;!étucture of evidence built up around her ad- To make certain Evelyn Thaw's as- sertion as to the sequence of her visits to Stanford White, Jezome read to her at length the transcript of portions of her own evidence. She was nervous| and seemingly at a loss to .understand what pitfall he might be preparing| for her, but she reiterated her story and did not modify one scintilla while | under fire. { When court adjourned Jerome had | brought out the fact that Evelyn Nes- | bit Thaw had been named as one of the | corespondents in the Lederer divorce | suit, but she had asserted that she| knew nothing about it except what she | had seen in the newspapers. The Dis- trict Attorney led her to assert that when Thaw had asked her to marry him in Paris and she had refused him she had done so although she loved him dearly, making this renunciation of her happiness solely because of what she had suffered. On the very heels of this pretty dec- laration Jerome extracted an admission that after Thaw's proposal and rejec- tion in Paris, the witness from, Bou- logne, had written letters to Stanford ‘White. Altogether it was Jerome's day, and Delmas and the defense were obviously i1l at ease. A A A A A A A A AP Aud register? Ye: | | ™ Would it assist your memory if T showed the hotel register? - There was no audible answer. . When you refused Mr. Thaw in Paris aid .you tell your mother? Yes. Did you love him enough to have married him it it had not been for the event in your life | which you related here? es. There was no other reason for your refusal? o. in 1908 | PLACE A CHICKERING QUARTER GRAND Where Your Upright Now Stands Both take up the same space, but the Chickering Quarter Grand has a tone richness and depth that cannot be secured on the upright style of piano. : . The Quarter Grand is simply a Chickering Conce_rt Grand con- densed. Its tone has less volume and power to better suit the acoustics of a small room. But it has the same superb “tone quality” which has placed the Chickering Concert Grand first among the world's pianos. Wherever an upright can be accommodated the Chickering Quarter Grand will go. & SON BENJ. CURTAZ &350 EST. 1856 - 1615 Van Ness Ave., Near California res There Is only one “Bromo Qu That ls Laxative Bromo Quinine. EXbo No. What part of the year w: lne 144 Similazly nomed pemedics somgtimes dooeive, This frst and original Oold Tabled is o WHITHE PACKAGE with black and ved loiteving, and beass the signatuve of It was out of your great love for him that you refused? this? It was. —_— (Ym were aot thinking of marrying anybody Continued on Page 3, Bottom Col. 1 else? REESGECES i SRS o1 o. You rejected him for no other reason than | _ The China, at 1538 Geary, serv hat you have told us about, and you gave him | Oriental dishes that piease palat ? suey specialties, noodles, tea, preserv s no wl no other : 53l first) and we have no % /:‘ It's u‘l‘ about Ve a Yard cago—a guarantee of its worth. Richly polished frames, detachable cushions of silk plush. There's no secret The velvets are worth a dollar-fifty a yard. 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