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Show Tkaw it eJ3ed--m witneaa, eithar-for tha 8tata or for tha defeoM, aha will b asked tha qaeatlon: -' "Whr.dMTOnxMislaadaTttIi pistol pis-tol vlth wbici fca ihoi VTtiU on Ue Blskt of Jnnt ' If aha know,, asder the mlea tt ri-denea ri-denea aa thay arc eonttruad im tha Durtrlct Attornay'a offica. aha will ba rempelled to nmr, and the only rronnd trpoa "whieb. the tin eeetpe ra-tponelbUiry, ra-tponelbUiry, if the wt in any way eoaeeroed with- getting -the raroWar, it to refute to anawer. and gire aa a reaaoa for the refusal vtht it nay tend to incrrmlnate her. a : Diitrict Attorney Jerome,- in a re eent proeeedinjr before Beeorder Goff, upon a motion mtde.br John R. Olea-i Olea-i ton of conn eel for Thaw, indirectly referred to the poaaibility of an inquiry before the grand jury in connection with obtaining the rerolrer with which Thaw ahot White, that eomeone elaa might be indicted aa an accomplice accom-plice of Thaw for murder in the flnt degree. The District Attorney appreelatet that In caae he ahould call Mrs. Thaw as a witness he cannot compel her to giro any. testimony regarding any poe-tible poe-tible threats which Thaw may hare made to take the life of White. It hat been held by the Court of Appeala that testimony of this kind cornea within the provision of a confidential confi-dential communication. And if Thaw had made these threats, Mrs. Thaw cannot be legally forced to testify to them. On the question of threats, however, the District Attorney would not have to rely upon Mrs. Thaw, as he hst an abundance of evidence covering a period pe-riod of nearly two years along this line, showing that Thaw in public and privately has talked about his intention inten-tion of doing White bodily harm. The matter of threata is not of vital importance in tba District Attorney's Attor-ney's case to show thtt Thaw premeditated premedi-tated the killing of White, as the Court of Appeals has held repeatedly in other oth-er cases that the firing of more than one shot with intent to kill, even within a period of a few seconds, is evidence sufficient to warrant a verdict ver-dict of murder in the first degree, which carries with it the death penalty. Evon t;:o m 22 HISTORY OF THAW CASE. " April 5, 1905 Harry jKendall Thaw and Florence Evelyn Hesbit married.- - June 25, 190GTliaw shoots -White on Hajlison Square roof garden. June 28 Thaw indicted for murder in first degree. - June 29. Thaw pleads not guilty. . July 14 Mrs. William Thaw arrives from England and announces she favors insanity plea. August 3 Attorney Clifford W. Hartridge engaged by Thaw, announces that Mrs. William Thaw consents to a plea of justification for her son's defense, reaching her decision after hearing Evelyn Nesbit Thaw's story, and further, that Evelyn will take Ihe stand and reveal motive for the shooting under the "unwritten law." August 22 Alienists report that Thaw was insane when shooting occurred, but that he is now sane. January 23 Trial begins, with examination of talesmen. tales-men. January 28 Eight jurors segured. NEW YORK, Jan. 29. District Attorney Jerome contemplates an astonishing strategic move in the trial of Harrv K. Thaw upon the indictment charging him with murder in the first degree, the calling of Evelyn Nesbit Thaw, the wife of the defendant, as the first witness for the State. Manv conferences have been held between the District Dis-trict Attoraev and his assistants, familiar with the details of fact, as to the advisability of calling the defendant's wife. While it is not absolutely settled that this course will be followed, it is expected that when the twelve men are selected the firsjt words the District Attorney utters will be: "Evelyn Nesbit Thaw, take the stand." It has been forgotten bv almo.t everybody that Evelrn Thaw win wjtneM before the rnd jury which indicted Thaw for murder n the first degree and the records show that aha was a witness called to testify against her husband. The witnesses' names which appear on the back of the in die tnnr; Special Officer Martin J. Moore, who identified the body of Stanford White, Dr. Timothv Lehane. who gave the cause of death as a gnnshot wound in the brain; Edward H. f onvev, a foreman of the Madison Rouare Garden; Paul Brudi. a fireman stationed at the theater; Policeman Anthony, who arrested Thaw, and Mrs. Harrv K. Thaw. MRS. THAW EXAMINED BT ATTORNEY JEROME. Mrs. Thaw was brieflv examined by Assistant District Attorney ott, and what she had to sav in answer to the questions that were propounded is carefully care-fully hidden in tha secret minutes of the grand jury, rhe was at that time, three dav's after the tragedy, when the jury took up the investigation, overcome rv grief, emotion, and excitement, and it is known that she pleaded with the grand jnrv not to press anr questions upon her which would cause her to 'vew incidents of the tragedy as she witnessed them on the night of June 25. She was asked if the was the wife of Harry K, Thaw if she was P"- tie roof garden at the time of the shooting, and if she Vnew Stanford White, and she answered in the affirmative to those in,"0R,,tofn': . .. . She was deeply agitated when the name of Stanford Shite was mentioned, and at this juncture in her examination he pleaded to he excused and said that she wonld be willing to appear at any time tha gTand jury might desire after she had recovered her normal state of mind. . Mrs. Thaw since that time has had no direct examination by the District SHe'mAY BE C AXLED WHEN TESTIMONY IS TAKEN. The District Attorney's office, under the statute of the State applied to the examination of married women and under the decision of the Tourf of Appeals, believes it hss a perfect right to rail Mrs. Thaw as a witness and to compel her to answer all questions that may be put to her. except su-h as include confidential confiden-tial communications given to her by her husband From the strategic standpoint, the calling of Mrs. Thaw as a witness at the outset it is believed in the District Attorney's office, would compel the defense in the' cross-exsmination to outline the plan by whi-h it is hoped to establish v,. ;,,otifia t inn of innocence of Thaw. ny to ask Evelyn Nesbit Thaw what she meant by the statement made to j her husband at the elevator in the roof garden in the presence of Policeman Debs to this effect: "Harrv, T didn t think you would do it that way." Mra. Thaw will be aekd to explain how sh left th garden after the snoot ing and who accompanied hr to the home of hr friend. Mav Mi'Knr.ic. iu West Fortr-eventh street, to which place she started when sh gav her husband the last message that night: "I will atick by you, Harry." Mrs. Thaw will be examined, if she Is called as a witness, as to the knowledge knowl-edge that Trnxton Be ale and Thomas McCaleb, the chums of Thaw, who were his companions at the Cafe Martin and went with him to the roof garden, had of the circumstances which led to the shooting. This view of the examination of Mrs. Thaw becomes of special interest because of the presence in the citv of Truxton Beale and Mr. McCaleb. They both came from California at the so-liritntion so-liritntion of Thaw, who annealed to The District Attorney, in the exami i cation of Mrs. Thaw, if she is called aa a witness for the State, designs to restrict his questions to the events of the night of June 25, immediately preceding pre-ceding the shooting that is, the occurrence occur-rence in the Cafe Martin and the Madison Mad-ison Square Roof Garden. Mrs. Thaw was an eye witness of the shooting, and she can be asked to give all the details of the actual firing of the revolver as she saw it. She can be compelled to tell where ahe aat and whether or not she had any knowledge of what her hosband j Intended to do. That would not bring the examination within the restrlc- I tion of confidential communications from her husband. She can be asked what, If anything, ahe did to restrain him from the act, if she did hare any knowledge of his intention. It is designed by the District Attor- them through his ennsel, Delphin M. Delmas, to come here and tell the truth about the incidents which preceded pre-ceded the shooting. Mrs. Thaw's attention will be directed di-rected to the Csfe Martin, when she sat at a table with her husband, Mr. Beale and Mr. McCaleb, and when she became agitated bv the discovery that Stanford White was seated at the table ta-ble nearby. It has been reported that on a slip of paper obtained from a waiter, she wrote a note to Thaw, saying: say-ing: "That B is here." Thaw in his declaration in the West Thirtieth street station said that he got a note, bearing that Inscription from his wife. But Mr. McCaleb who wss examined exam-ined at length in the District Attorney's Attor-ney's office, ssid if any such note was passed he did not see it, snd thst there eertsinlv wss no discussion about it at the "table or any other place that night. Confining the examination of Mra. Thaw to actual circumstances of the shooting snd those which preceded it in the restaurant, it is believed in the District Attorney's office thst Mra. Thsw will be so restricted thst no suggestion sug-gestion of a motive will be allowed to creep in. The restriction in the examination of Mrs. Tkaw. designed to baTe her present the actual snooting ss an eyewitness, eye-witness, in company with other persons who saw the killing of White, also, it is said, will raise a barrier to the District Dis-trict Attorney using any of the facts which have "been collected by detectives detec-tives in this and other parts of the country to refute the witness. Whaterer aha may say In answer to the questions of the prosecution will be binding npon the State, and her credibility cannot be attacked except by the defense. It is understood that when Mrs. |