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?VELYN NESBITT THAW
ON1 WITNESS SI
3PAXE, TREMBLING, WEE
TELLS HER STORY.
JECer Face Bathed in Tears, the
Girl Tells the Jury How
Duped Her and of His Nef;
, Scheme in Robbing Her of
Vii tue.
New York, Feb. 7.-Attorney
phin M. Delmas, of California, j
5n charge of the defense of ]
3L Thaw on yesterday proves a i
idable match to Attorney Generi
rome. Under his direction the de
began to assume definite shape
.when adjournment was taken
" night testimony had been placee
fore the jury to the effect that ;
ford White had been heard to :
a threat to kill the defendant-c
ling the threat with the display
revolver-that Thaw's actions fo
lng the killing of White on the
x>f Madison Square Garden was
- sidered by several eye-witnesses
have been "irrational;" that an i
of the defendant was insane;
Evelyn Nesbit Thaw passed a no1
"her husband during dinner at
Cafe Martin the evening of the tr
>dy; that District Attoreny Jerome
this note and refused, on the, den:
of the defense', to introduce it in
dence. So far, indeed, had Thaw's
fense progressed that at the dos'
.today's proceedings the annou
anent was made by Mr. Delmas
-either the wife or the mother of
defendant would be the first wit:
on the stand tomorrow morning.
The threat against Thaw's life
made two years and a half before
tragedy occurred. District Attoi
Jerome objected to the introduc
of the evidence, declaring the def?
was not understood by him to be
of self-defense.
To Use Every Legal Defense.
Mr. Delmas replied that the
fense intended to take advantage
every legal defense allowed in
State of New York, be it insan
self-defense or any other legitirn
.justifications for the taking of a :
man life. This was but the first
series of interesting tilts betw
the district attorney and Mr. Deir
during the day, and it was agr<
that Mr. Jerome had found Tha
leading counsel a foeman worthy
his best efforts. The two men are
"widely different types-Mr. Jeroi
quick, -passionate, forceful, sarcas
?nd brilliant at ridicule; Mr. D
mas, calm, courteous, resourcef
?witty, crafty and ethical, to wh<
the district attorney was always "t
learned district attorney." There \*
never a deviation from this meth
of address.
Benjamin Boman, formerly a sta
. doorkeeper at the Madison Squa
"theatre was the witness who told
:!White's threat Boman was offer
?s a witness yesterday, but the di
trict attoreny was successful at th
time in blocking the evidence by o
Sections. Mr. Delmas today withdre
the objectionable questions and M
Jerome in tarn withdrew his prote
against the witness. Boman declare
that on Christmas eve, 1903, Stanfoi
"White came to the stage door aboi
11.15 p. m., and asked for Miss Ne;
"hit The doorkeeper told him tr.
-actress, who was then playing in "Th
:Girl from Dixie," had gore hom'
White at first accue3d him of a falsc
hood and then asked who had bee
her escort.
""Mr. Thaw," the witness said h
replied.
McCaleb an Eye-Witness.
Thomas McCaleb, the young Cali
fornian who was with Thaw's part
the night of the tragedy, was a. wit
mess during the afternoon sessior
lt was he who testined that at dinne
that evening Mrs. Thaw had suddem;
asked her husband for a pencil
scribbled a few words and passes
A folded piece of paper to him. Wha
"was in this note the witness did no
len ow and he was not allowed, be
cause of an objection by the distric
attorney, to testify as to what chang<
of manner, if any, it produced ir
Thaw. It has been reported fron
thee to time that it was in this not?
.that young Mrs. Thaw, referring tc
"White, wrote to her husband: "Thal
i- (blackguard) is here."
"We understand," said Mr. Delmas,
'.that this note is now in the posession
of the learned district attorney. We
wrant to get at the contents of that
slip of paper, believing it to be ma?
terial evidence. We demand that the
learned district attorney produce it"
Sir. Jerome sat silent. He tugged
at his short, stubby mustache. There
-was absolute and dramatic stillness in
th^ court room as Mr. Delmas stood
"wv.rthsg, and all eyes were turned on
the district attorney. He continued to
look at the floor. After waitng some
little time, Mr. Delmas resumed:
Jerome Was Silent
*T take it that the silence of the
learned district attorney is r.ot in?
tended as f? discourtesy, but a concep?
tion of what he feels to be his duty
in the matter. We will attempt later
to prove the contents of the note."
.McCaleb detailed, so far as he
could, the incidents of the night of
.th^ tragedy. He was leaving the roof
garden with Mrs. Thaw and thought
I Karry was folowing when the three
j pistol shots were heard. Mrs. Thaw
I exclaimed: "My God, he's shot," and
j then , "Oh, Harry, what have you
done and why did you do it?" !
Thaw replied: "I have saved your j
life," and bent and kissed her.
On cross-examination Mr. Jerome i
went brefly into the past history cf
the witness. Mr. McCaleb said he
i
knew Thaw some years ago in Paris j
and subsequently in California. j
"Did you ever try to borrow any j
money from him?" demanded the I
district attorney.
"Xever," the witness replied.
It came out during the redirect ex?
amination that McCaleb had met Mr.
Jerome some months ago at the Un?
ion club and discussed the case with
; him. The witness answered a ques
! tion to which the district attorney
j had takefi exception and in which he
had been upheld by the court,
add to the thaw leader
Evelyn on the^ Witness Stand.
Evelyn Xesbit Thaw was the f?rsc
witness for the defense. She was
pale and trembling as she entered.
She was dressed in the same blue7
dress she wore in the early days of
the trial. She lifter her veil for
the first time. With a voice almost
firm she told her name; born Dec.
25, 1884. She told the events leading
to the dinner at Cafe Martin. She
said she first saw White on the night
of the tragedy at Cafe Martin. "I
wrote a note and handed it to Mr.
Thaw, who asked me if I was all
right, to which I replied, Yes."
Evelyn said that the note contained
references to White, but not what it
was. -She traced events to the roof
garden; told of leaving the theatre.
She saw White at a table, then a mo?
ment later, saw Harry fire three shots
at White. She did not know what
Thaw did then. The witness said, in
trembling tones, I only know Harry
came to me and I said to Mr. Mc?
Caleb, my God, he's shot, then I said
to Harry, what have you done ? He
answered: "I have probably saved
your life." Mr. McCaleb said some?
thing like "He must be crazy." Then
we took the elevator down stairs.
Evelyn said she refused to marry
Thaw when he first proposed in Paris.
June, 1903. Reason for refusal was
connected with White she declared.
Harry__told her he loved her, and j
would never love anybody else. "I j
> *a?ed and Harry asked me to tell him j
the whole affair." Delmas said: j
! "Now, I want you to tell the jury ?
; just what you told Thaw that day in ]
Paris." j
The show girl replied, that Edna j
Goodrich, a chorus girl, asked her to
a party in August, 1901, where she |
met White, and then went to White's \
studio. Thought White was an ugly
man. Remembered White teased her
about her hair, which she wore down
the back, and short skirts, reaching
to her shoe tops. After supper we
went up two flights of stairs in the j
room with a large swing. White
swung her very hard, Evelyn said, j
Witness said she went home, and told
her mother of the visit. Later she
received a note from. White that a
carriage would be waiting to take her
to a party. Went to Madison square
studio with White. Xo one else was
there.
Evelyn explained many parties in
White's studio. Then White proposed
to her mother to take a trip to Pitts?
burg. White would care for Evelyn.
"Mama went away .White came for
me in a carriage; we drove to a stu?
dio. There were two men there.
White bought a beautiful Japanese
Kimona; I posed. White knocked on
door while I was dressing and asked
if I needed help. Told him no. He
took me home after lunch. Another
time at a studio he took me into
rooms to show me around. The rear
room was a bed room. He opened
a bottle of champagne, prevailed on
me drinking. Then came thumping
in my ears. About two minutes after
things began going around. When 1
awoke my clothes were pulled off.
Saw Mr. White sitting on the edge
of the bed. Then there was music all
around the room. The girl wept as
she told the story; tears fell on her
dress. While the girl told her story
Harry Thaw cried, holding a hand?
kerchief to his eyes. "I screamed,
White said be quiet, then White said
it was all over. I looked at my dress
and found blood. Sat up all night
in the room. He said that it was all
that people lived for. That he liked
young girls, thin ones; I must never
get fat. He told me never to tell any
one, not even my mother." Evelyn, |
with her face bathed in tears, said, I
"Mr. Thaw renewed his proposal af- ?
ter two months."
New York, Feb. 8.-In the after?
noon yesterday the session of court in
the Harry Thaw trial, was taken up
by the pathetic story of Evelyn Thaw,
relating the early struggle of her
family; her experience as an artist
model, and her stage and past life.
In the sympathy impelling story of
the girl, the girlish fascination of a
voice of softest quality, yet ringing
clear in enunciation, the court room
lost view of the prisoner. But when
there came a halt in the girl's fight
against the tears the popio, who had
gazed unceasingly at her, lowered
their eyes, as if the erlief from their
stare might bring her the composure
she ?naliy won. Then they saw Ha?
ry Thaw again, his whole irvine shak?
ing. He sat with his head buried in
his hands, a handkerchief covering
the eyes. Where the defendant sits
he is all but shielded from the jury.
Bent over the table as he sobbed, he
could not be seen at all. Thus Thaw
sat for many minutes, and when he
finally lifted his head his eyes were
red and swollen.
Even if they could have seen, the
jurors would have had no eyes for the
prisoner. They, too, had turned their
gaze from the witness as the tears
came to her voice as well as her
j eyes, and each man of the twelve
seemed intent upon some object on
the floor beneath them.' Justice Fitz- j
gerald looked out through the long j
grated windows, ^he scene and the
story marked a new precedent in the
history of criminal proceedings in
New York city. Old court attendants
gave their ready assent to this.
Mrs. Thaw was still on the stand,
her direct examination uncompleted
when the day was done. Only du: ing ?
the afternoon she was excused for an I
hour, while Lawyer Frederick Long- |
fellow was sworn to fix the date of
certain letters written to him by Har- j
ry Thaw subsequent to the revela- j
tions Miss Nesbit had made to him in j
Paris.
The girl had identified the writing,
but the court held that the date must
also become a matter of competent
evidence. Mrs. Thaw seemed to ap- j
prec?ate the relief this incident offer- j
ed, although during the hour and a
half recess for luncheon she had re- I
covered from the fatigue of the two
hours spent in the witness chair dur?
ing the morning ession. As she left
the stand for the recess she walked
unsteadily, and passing back of the
jury box, ran the fingers of her left
hand along the wall as a blind person
might. !
The letters which eventually were
offered in evidence after much objec- j
tion by Mr. Jerome and a flood of ar- i
j gument by opposing counsel during
the afternoon sitting of the court, are
regarded as corroborative of Mrs. j
Thaw's testimony yesterday, which
i
she often declared, in response to ob?
jection offered from time to time by i
the district attorney, was a repeti- j
tion of the reasons she had given j
Thaw for refusing to become his wife.
They also were offered as tending to |
show the state of mind of the defend?
ant just after he had heard from her I
own lips the story of the girl he lov?
ed and her relations with the man it j
is claimed he killed as a result of in?
sanity inherited in part, or induced
by a stress of circumstances.
The letters were written by Thaw
to Mr. Longfellow as the attorney. J
They told of his coming marriage to j
Miss Nesbit anq of the "row they
want to raise." Disconnected and jerky
jumping from subject to subject, they
j nevertheless breathe the love he bore
? the girl, and he wanted, among other
: things, that provision should be made
' that in the event of his death all his
: property should go to her. The let
j ters constantly refer to "that black
; guard" who poisoned her as a girl,
j and say that her name was falsely
? connected with two others besides
j "that blackguard." Only two of a
j half dozen offered in evidence were
I read during the afternoon session.
?The others probably will be presented
when court convenes today and Mrs.
Thaw again called to the stand,
j In testifying yesterday Mrs. Thaw
was not allowed to state the names of
certain persons, but by consent of
counsel for defense she gave them in
whispers to Mr. Jerome, "in order,"
as Mr. Delmas said, "that the prose?
cution may have the fullest possible
opportunity to refute any of her
statements if he can."
Paid Tributes to Thaw.
The girl paid other tributes to her
husband, to save whose life she brav- j
ed all.
"When I told him the story in Par?
is," she said, "he came to me and
picked up the hem of my skirt and
kissed it and said he would always
love me.
I "He nearly always called me his
j angel. We sat . together that night
until daylight talking the matter
I over.
"The effect on Harry was terrible.
Stanford White sent me to school in
New Jersey in October, 1902, and in
1903 I became ill. The doctors came
and said an operation was necessary.
They told me I was very sick, but
i
did not say what was the matter. Mr.
Thaw came to see me and was the
last person, except the doctors, whom
1 saw before being placed under the
influence of an anaesthetic. He had
been told it was dangerous for me to
talk. So he came in quietly and
kneeled down by the bed and kissed
my hand looked at me for a moment
and went out.
"When I recovered I found he had
made arrangements for my mother
to take me abroad to recuperate. It
was while we were in Paris on this
trip that he proposed to me."
While the Thaw jury was on its
way to court yesterday morning a
snow shoveller in the street shouted
"Vote for Thaw."
He was promptly arrested and tak?
en before Justice Fitzgerald in cham?
bers and allowed to go after a severe
Witness Has Recess.
j reprimand.
j At the opening of court this morn?
ing a frantic mob attempted te force
admittance to the Thaw trial to hear
Evelyn Thaw resume lier story of the
events leading up to the killing.
Evelyn looked tired and worn as
she went up on the witness stand.
Attorney Delmas offered more letters
written by Thaw. In them Thaw re?
proached Evelyn for listening to' the
"false friends" who slandered him.
The letters were written in a rambling,
incoherent style, hardly intelligible.
In al the letters to Evelyn, however,
Harry recites his respect for her,-and
comments that he always treated her
in a respectable and trustworthy
manner. One place he says: "They
say you are going to be in the gutter
in eight months morally, mentally
and dishonorably.- But you could not
deteriorate for me." Again Thaw
writes, "I'm not responsible," also, "I
am poor and must stay in Pittsburg;
terrible fate."
She said on her return from Eu?
rope in 1903, she had told Harry of
speaking to White while riding jn
the park. Thaw said: "Oh, Evelyn!"
and looked surprised. The next day
White called her on the telephone
and insisted on calling on her at Ho?
tel Savoy. White told her that Thaw
was a morphine fiend. After that
White called constan tly. White took
her to Lawyer ?Abraham Hummel's
office. She told him about her trip
to Europe and Hummel inquired
where she had been with Thaw. He
remarked that as she was a minor
it would be hard for Thaw. Hummel
called a stenographer and dictated a j
statement, saying she had been car- j
ried to Europe against her will, and
had been kept away from her moth
er and ill-treated, although this was
untrue. She tried to interrupt, but
Hummel would not listen. She gave ?
Hummel letters from Thaw and he J
locked them in his safe, saying that
he would . hold them over Thaw's
head. She saw Hummel again and
he advised her to sue Thaw for !
breach of promise, as an advertising
scheme, but she declined.
Thaw questioned her later about
signing a paper for Hummel, but she
denied doing it. Said she did sign a
paper in White's studio, but didn't
know what it was.
Evelyn said she persisted in re?
fusing Thaw until April, 1905, be?
cause she loved him too dearly to
compromise his reputation.
Thaw's mother and sisters receiv?
ed her kindly.
Delmas brought out that after her
marriage White tried to make ad?
vances to her. White stopped her on
Fifth avenue once and later followed
her in a hansom cab. She told Thaw,
who made her promise that she
would tell him if White tried to ap?
proach her again. She kept the
promise.
Court adjourned for recess.
Delmas Proves to Be Equal to Jerome
and Brings Out Much Evidence Fa?
vorable to Defense Strenuously Ob?
jected to By the Attorney General.
New York, Feb. 9.-The entire ses?
sion of Friday in the Thaw
trial was occupied by the
evidence of Evelyn Nesbit Thaw
and when the usual week-end
adjournment was taken last night un?
til Monday morning, she was still
on the stand and will probably be the
first witness at Monday's court.
Mrs. Thaw had taken up the story
at the time of her return from Eu?
rope in October, 1903, following her
refusal of Thaw's offer of marriage on
the grounds which she related yester?
day. On Monday she may be called
upon to finish the relation of the
events which, it is claimed by the de?
fense, brought on the explosive in?
pulse in the diseased brain of the de
fendant and caused the killing of
I Stanford White.
I While the testimonv was lack
l
i ing in the personal quality which
made yesterday's recital so dramatic,
so impelling, enthralling and pa?
thetic, it served to clear away some of
the doubts and influences which re
! mained from the incomplete details as
j to the full extent of the revelations
j she claims to have made to her hus?
band. There were repetitions, too, at
the suggestion of counsel, and inci?
dents which had not been gone over
in the first years of Mrs. Thaw's ac?
quaintance with Stanford White were
brought out in completion of the life
story.
Jerome and White's Memory.
District Attorney Jerome, who had
throughout silently listened to the
young wife's statement, sent a thrill
of excitement through the court room
late in the day by jumping to his feet
and vigorously protesting against "this
defamation of the dead.'
Justice Fitzgerald held that the dis?
trict attorney's suggestion was a good
one and he thought the defense
should lay a broader foundation to
show insanity before pro?eeding along
the lines suggested by Mr. Delmas*
question.
"We will proceed to do this as soon
as possible," announced the attorney, i
Mrs. Thaw declared today that j
Stanford White, during the year
which followed her experience in the
room of the mirrowed walls, repeat
ededly sought to have her visit him
alone.
The defense had Mrs. Thaw to tell
of another incident which has been
cited in her life-her acquaintance
with JackBarrymore, the actor. Mr.
Barrymore was in the court room one
day during the early part of the trial,
! at the instance of the district attor?
ney it was said. Mr. Delmas asked
Mrs. Thaw today to tell what she had
told Mr. Thaw of her acquaintance
with the actor. She said she had first
met Barrymore at a party gieen by
Stanford White the year following
her introduction to the architect. She
then told of an offer of marriage
made to her by Barrymore.
The Tl law Wills.
The .defense endeavored to get into
evidence today the wills of Harry
Thaw and Evelyn Nesbit Thaw exe?
cuted the night of their wedding in
Pittsburg. There were so many in?
terlineations, additions and erasures
that Justice Fitzgerald held the docu?
ments were not admissible until the
changes were proved. Mr. Delmas
said he would later endeavor to do
this, as the wills and the interlinea?
tions and a codicile by Harry Thaw
had to do with the proof tending to
show the insanity of the defendant.
It came out in the discussion of the
wills that the name of Stanford White
occurred in Thaw's testament.
Mr. Hartridge of Thaw's counsel
said after court adjourned today that
Mrs. Thaw would go on with her di?
rect examination Monday morning.
Just what will be the nature of Dis?
trict Attorney Jerome's cross-exami?
nation when he takes the witness is
mere conjecture, it is said he may
try in some way to attack her credi?
bility, pobably as to her ability to re?
member other things as well as she
has the stories she has declared she
told Harry Thaw from time to time.
New Trial Certain if Convicted.
Error of law in the Thaw trial in
the event of conviction will insure
him another trial. This is the opin?
ion of three justices of the supreme
court, now sitting here. The names
of, the justices are withheld for ob?
vious reasons. These justices say the
court of appeals will grant a new
trial on one of the simplest incidents
of the trial-the leaning forward of
Evelyn Thaw in witness chair whis?
pering names of men and women she
knew in company of Stanford White
to the prosecutor. This incident fol?
lowed stipulation cf counsel on both
sides that names of persons figuring
in her story should not be mentioned.
Whispering names to Jerome violat?
ed the agreement. Should prosecutor
make use of information it will only
be necessary for the defense to show
connection between Witnesses Jerome
calls and the incident, to get new
trial.
LEE RANDOL ACQUITTED.
Plea of Defense "Unwritten Law" and:
the Jury Renders a Verdict of Not
Guilty.
Fort Worth, Tex., Feb. 8.-Lee
Randol, charged with the murder of"
J. H. Stacey, has been acquitted by a.
jury after a trial of a few days. This,
case is similar to that of Harry Thaw,,
but the defense relied entirely on the
"unwritten law." Randol killed Sta?
cey, acording to all witnesses. It was
a cold-blooded affair. The dead man
was found unarmed. The defense
did not attempt to prove self defense;
or insanity. Instead, they introduced
a letter written by the dead man to
Randol's wife just before the killing.
When the prisoner was asked, "Did
you kill Stacey because of his rela?
tions with your wife?" Randol ans?
wered, "I did."
Neighbors Got Fooled.
*"I was literally coughing myself
to death, and had become too weak
to leave my bed; and neighbors pre?
dicted that I would never leave it
alive; but the got fooled, for thanks
be to God, I was induced to try Dr.
King's New Discovery. It took just
four $1 bottles to completely cure
the cough and restore me to good
sound health.^' writes Mrs. Eva Un
capher, of Grovertown, Stark county,.
Ind. This King of cough and cold
cures,* and healer of throat and lungs,
is guaranteed by Sibert's Drug Store.
50c. and $1. Trial bottle free.
Specially Fine Cabbage Plants.
I have some plants left ove- from mp OTB petting, the same Kind that I set for my
own trucking. I buy fie best seeds obtainable oa the market. I have two early varieties
Early Jersey Wakefield and Charleston Wakefield. In sea on we follow ihese closely
with Succession and Lare D/u-ntiead. Prices in thousand lota $1.5), ?000 and over
$1.25. 10.000 and over $1.00. We have only a limited qaantity of very selected stock.
We crate them and deliver them tc the Southern Express CJ. and at very low Expresa
rates. Send orders early before our stock is gone.
W. F. CARR.
Dec se sm Box 81 ^ Meggetts, S. G.
ULD IT
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