Show 0 W 12 R tip AA sll or st THAW 2 E ely dy n J L 0 na hummel ti t the lawyer confronts the witness but delmas cuts H him im short evelyn kept a diary while at school and gave her Impress 0 of if school life and girls without a stain new York Feb 27 when the thaw trial was resumed today district attorney jerome called the tho attention 0 f justice Fitz fitzgerald geralI to a ie letter otter h he had received from J D lyon vice president of the union national bank of pittsburg who was a witness two weeks ago sir mr lyon had custody of the thaw will he was requested to send nd all of thaws letters and papers he be had in his paa possession ear sion today today the district said he had a letter fro ram r lyon stating that mr alart ha rt ridge of the defense hij bad written him saying no letters or papers of date subsequent to june 1900 were desired mr jerome asked justice fitzgerald to make an order directing mr lyon to send all the papers mr uart ridge rose to make the statement that before beford writing to mr lyon that ho lie did not want papers after the given date he had a conversation wi with al mr r jerome and the latter said destt distinctly that he did not care for the letters letter s an and d papers after june last laa la A it Is very unfortunate that we have these continual misunderstandings remarked mr jerome t 0 it ig Is unfortunate fortunate un replied mr hart harts ridge hotly but it is a fact that I 1 wrote to mr lyon relying or OH your statement 11 justice fitzgerald said he had no authority to issue an rn order to alio witness who Is now out of the courts co r t S jurisdiction unless he returns for cross exam lo atlon said mr jerome his direct testimony will have to 16 b stricken with it the will and codicil of the defendant ill stand under oath that diat tho th district attorney told me he did not want vant the me jetters letters again interposed al mr i rt after further argument mr hartridge declared the courts time ys yr as being wasted fotia if mr jerome ny 3 now n bw all the letters the defense would so instruct mr lyon the matter of the letter having been disposed of mr jerome directed that Ab abfaham tAhani hummel the lawyer who drev arev up the affidavit to which E evelyn velyn nesbit is said to have swarn and which v charged thaw with cruel ties during their 1903 trip to europe to take the stand r I 1 do you know evelyn nesbit thaw th aw 11 lye yes 4 whon when did you first see her sometime in 1901 or 1902 where 1 I dont remember exactly was icat it at your office 1 not the th first time y you knew her before that 1 Yc sf s Ditoh 6 go to your office on october 1903 she was there late in the year 1903 1 I dent dont remember just when helas he was shown the photographic copy of the last page of the famous affidavit which mr hummel said refreshed hla his memory so that he willi state positively positive lv that the date on which nesbit nes bif called at his office e nag october 1903 1 Mr Air Delmas objected to the use of afie photograph but the court allowed the questions did mi mies nesbit have a conversa flon alon with you in your office asked jerome mr delmas objected but wa was overruled 1 yes sald humm hummel el did you dictate to a stenographer while sh ebe awaa present mr air doas DO as again objected saying the purpose Purse of the district attorney apparently was to contradict mrs thaw as he be could not properly interrupt her cross examination for that purpose purport mr jerome argued the point at nome some length ji particularly in answer mr delmas statement that collateral testimony was not permissible in testing the credibility of a witness if I 1 could prove stanford white k was in europe the night she saya says she sho was drugged by him declared mr jerome that would be a collateral fact and I 1 bould not bo alto allowed ed to put it in evid evidence enco but it if sherold she w told thaw in paris that there was wat no truth in her statement about stanford staford white then that would be bp a material I 1 fact and J 1 should be allowed to put it ii in the itIl divit contains the allegation that thaw whipped Ms lyliss nesbit lien hen she told him there was no act truth in the statement about white and refused to sign ragn papers making the thi definite charge against the architect 1 I am not endeavoring to impeach the but I 1 want to proud prove tho the Ci existence stence of an original affidavit in orber er to introduce the copy and aud ln in tOlli gently continue my cross exam boid stad mr jerome juluce fitzgerald gerald overruled the ol 01 iwuona and mr hummel said he did dictate a statement in the presence of 0 wes miss ke abbit 11 1 on the next day da did jacob deckar give you a paper ya A document was shown and he was asked it if it was not a I 1 car I 1 I 1 bon copy of the paper referred to mr dalink objected AbJect ed and was su by th the court i I 1 4 mr jerome asked hummel heikal several other questions where ho he gave the mer to mies nesbit what became of boid jived when hen one igne next went to hilior flee but objections to all of them were sustained hummel was thereupon excused temporarily and abraham ker who was a clerk in n hummels office next was called he said he knew evelyn nesbit t did you on october 1903 see her sign a paper delmas objected to the question the court ruled with him and syn decker was excused delmas having successfully blocked for the time being nil all testimony regarding the alleged affidavit mr je appie asked thac mrs evelyn thaw be recalled when she had taken the stand mr jerome handed her a paper and asked it if it was in her mrs thaw spent some time in an examination ot of the paper smiling occasionally as she read it soon developed that the paper was U A diary i while mrs thaw was reading a packet of letters which were received from pittsburg was turned over to the clerk mrs thaw said the paper she had bad examined was casall all in her handwriting nearly forty fort minutes was hero occupied I 1 by mr air delmas in reading the paper he hip offered no objection and mrs thaw said the diary was kept while in pompton compton Pom N J in 1902 mr jerome read a few extracts from the diary one was as follows mrs demille said to come right in and I 1 jumped with the agility of a I 1 soubrette and began to get shy another read she has a son but I 1 must say he be is a pie face muti mutt my aly room here is heftner large lar genor nor small there therb Is a white virtuous bed I 1 took a nap and the jast thing I 1 remembered was I 1 wondered how far I 1 am from rectors rectors is really nata nofa proper place for an young joung p person asp bat but I 1 always lias a weakness for fr IV it r the di district attorney turned to an tj ler dread I 1 1 I hereby swear never to read another but tho the one nice thing about abou t janice meredith is that she is really not an angel one of those persons loo too good tor for this world when one comes to think it over it is good to have lived A girl who li has is always been good and never had any scandal about her is fortunate in more inore ways thin one upon the other hand not one of them will even elerbe be anything by anything I 1 mean just that tt they will perhaps be good wives and mothers whether it IB Is ambitious or gr foolish I 1 want to bo be a good actress first of course I 1 cant live here all the time and I 1 cant forget all the old people they do not know what they are doing here but give them a chance to get away and seo see what they would do it if I 1 stay stav here long ill get like he the rat ruit I 1 am very susceptible and ill soon be a mr jerome said that here appeared three exclamation points andi and a apen pen sketch of a nun this ended the diary mr air jerome turned to the wit ness f from the time you y ou first became intimate with thaw until the shooting of white did you ever see anything in his condition that was irrational ti fl asked jerome yes mrs thaw detailed several instances she said that one night while on broadway in a cab they saw white thaw became excited he cried and sobbed and bit his nails and talked rapidly did you ever see a man in an epileptic it itic fit ive seen cats there was considerable laughter well did thaw act like that prompted by mr jerome she said bit hi body trembled he clasped and unclasped unclasp cd his its hands and his eyes rolled the next time they saw white was when he was in a box opposite them in a theater at this time did he carry a pistol asked the district attorney yes he be alap always carried one after Chri chrismas amas 1903 why he told me that the monk east roan gang was following him t did you know whom he employed empl to to protect him yo no did lie tell you who had set the th 0 gang utter after him stanford white al rat that time as early as 1903 she had thought thaw was crazy upon the subject of stanford white he said stories were being ctr circulated culat I 1 about him by white and that he lie had things about us put in the t he papers were there others beside white connected with this persecution ves yes the names were whispered in the district attorneys attorney 8 ear thir manner of thaw nhe she said hopt up from 1903 to the time ot of the killing of white mr geromes Je romes next question proved thomast to th it was pid that recollect bavine having seen white after these there outbursts yea yes that is nil all except that I 1 may at sorte sopie futile ume no ask the witness to to explain phrase eti in thaws loiter e which w we have just received at 1240 the luncheon recess was ordered pr dered after recess mrs thaw was again k called to the stand by mr delmas for redirect re direct examination I 1 i mr delmas requested that certain photographs Photograph of mrs thaw which had been introduced in evidence be sent for meantime he showed mrs thaw 54 receipts and asked if they were not in the handwriting of her mother 1 i yes sir 1 the receipts were for various amounts received from fr om the tle mercantile trust company whore where white had deposited a sum sun of money for evelyn and her mother the receipts were signed evelyn florence i nesbit the mother and daughter er having the same name nanie mr air delmas handed her several photographs to and asked by whom they were posed mrs thaw said the photographer to at the east twenty second street studio posed her for or most of the pictures mr afro delmas showed mrs r s thaw a letter jetter and asked if Jf a name in it was not that of a prominent now york society woman mr jerome objected but after a short argument mr ali jerome said we are prepared to admit that she is a prominent new york woman one most prominent asked mr air D delmas imas decidedly yes and 8 she e holds a position in the best society in ili new york well ashes in the 11 said mr jerome dryly mr delmas then went into evelyn nesbitt Nes bits first visit to white when she went with edna goodrich Go and that white kissed and caressed miss G good 0 od she way was not pe permitted emitted to say it if she bhe bad formed any idea of the relations between abito and miss good rich you said your brother vent went to n 1902 ay V MR that I 1 mammal aall al and vu rd white who paid for the tn schooling stanford white 11 did you draw any money for yourself be if out of the letter jetter of credit which white gave you ahen you ent to eu robein rope in 1903 1 L t did not did you draw any for your mother erg lye yes s in Bob boulogne logne mamma saw something in a shop window she know knew I 1 had the money and I 1 let her have what wanted when thaw heard of this he raised a fuss and said I 1 should hould 9 not have spent that let ter of credit money after you had refused to continue your improper relations with white did he ever have a talk with you urging you to resume these relations mr jerome ob ejected and was sustained THAWS MOTHER A WITNESS new york fob feb 26 mrs william thaw harry thaws mother will bo be another r witness for the defense and it continued on page four END OP OF CROSS EXAM examination I 1 NATION OF EVELYN THAW BY JEROME conti continued an edff from min page one Is bell believed eved that may mckenzie Mc Kenzle the chorus girl who has been evelyn nesbit thaws constant companion sinco since tho the night stanford white was killed will also take the witness stand the defense has summoned a number of other witnesses but who will be call ed to the stand they refuse to state |