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Direct examination by Delphin Delmas Q.—"While
you were at the Cafe Martin did you see Stanford 'White?" A.—“Yes.” Q.—"At
what time did you see him?" A.—“I
don't know; it was some time after we arrived.” Q.—"Where
did you first see him?" A.—"Coming
in at the Q.—
“How long did you see him?" "I
don't know. He passed through and went on to the balcony." Q.—"While
he was on the balcony could you see him?" A.—"No.
" Q.—
“Did you see him leave?" A.—
“Yes. I saw him come in from the balcony and go out of the Q.—"While
you were in the Cafe Martin, did you call for a pencil?" A.—"Yes." Q.—"From
whom?" A.—"I
think from Mr. McCaleb. He said he did not have one." A.—"Yes,
I got one from some one, I don't remember whom." Q.—
“Did you write a note?" A.—"I
did." Q.—"On
what?" A.—"A
slip of paper. I think Mr. McCaleb gave it to me." Q.—"What
did you do with it? A.—"I
passed it to Mr. Thaw." Q.—"What
did Mr. Thaw do?" A.—
“He said to me: 'Are you all right?' I
said: ‘Yes.'" Q.—"What
was your condition as to being disturbed or affected?" Q.—"Was
there anything unusual in your manner that was visible to others?" Q.—"After
this how long did you remain?" A.—
“Only a short time." Q.—"Mrs.
Thaw, have you that slip of paper now?" A.—"I
have not." Q.—"Have
you seen it since?" A.—"No..." A.—"Yes." Q.—"About
what time was it?" A.—
“About the middle of the first act." A.—"About
half an hour." Q.—
“What was his manner then?" A.—"It
seemed to be the same as ever." Q.—"Did
you talk about anything special then?" A.—"No,
just general." Q.—"Who
suggested going away from the garden?" A.—"I
did." Q.—"The
play wasn't interesting to you?" A.—"Not
a bit," said the witness. Q.—
“How did you start when you went out?" A.—"I
think that Mr. McCaleb and I were in the lead and Mr. Thaw and Mr.
Beale
followed." Q.—"How
far had you gone when something happened ?" A.—"Almost
to the elevator. I had turned around to speak to Mr. Thaw." Q.—"How
far were you from Mr. White then?" A.—
“About as far as the end of the jury box." Q.—"
You saw Mr. White sitting there?" A.—"I
did." Q.—"Did
you see Mr. Thaw then?" A.—"Not
until a minute or so afterward, He was directly in front of Mr. White,
standing
with his arm up in the air." Q.—"Did
you hear shots fired?" A.—"Yes,
immediately after I saw Mr. White I heard the shots." . Q.—
“How many shots?" A.—
“Three shots." Q.—"What
did you say?" A.—"I
said to Mr. McCaleb: 'I think he has shot him.'" Q.—"Did
Mr. Thaw come over to where you were?" A.—
“Yes, I asked him what he had done. He leaned over and kissed me and
said: 'I
have probably saved your life.' " Q.—"What
happened then?" A.—"I
left." Q.—
“You were taken from there?" A.—"Yes,
I think with Mr. McCaleb and Mr. Beale." Q.—"You
left and did not return?" A.—
“Yes. " Q.—
“You said that you are the wife of the defendant? " A.—"Yes." Q.—
“When were you married?" A.—"On
April 4, 1905." Q.—"Where?
" A.—"In Q.—"Who
were present?" A.—"I
think Josiah Thaw, Mr. Thaw's brother," the witness went on, after a
moment. Q.—"When
had Mr. Thaw proposed for the first time?" A.—"In
June, 1903, in Q.—"At
the time did you refuse him?" A.—"I
did." Q.—"Did
you state in explaining your refusal of his proposal that it had
something to
do with Stanford White?" A.—'"Yes.
" Q.—"State
what happened." A.—"Mr.
Thaw told me that he loved me and wanted to marry me. I stared at him
for a
moment and then he said, 'Don't you care for me?' ' and I said that I
did. Then
he asked me what was the matter. I said 'nothing. ' 'Why won't you
marry me?'
he said. He put his hands on my shoulder and asked, "Is it because of
Stanford White?' and I said, 'yes.' Then he told me he would never love
anyone
else or marry anyone else. I started to cry. He said he wanted me to
tell him
the whole thing. Then I began to tell him how I first met Stanford
White." "I
can't go on! I can't! I can't!" A.—"A young lady asked my mother several times to let me go out with her to lunch. She came again and again to me before I sent her to my mother, finally, and she said, 'All right.' My mother finally consented....On the day I was to go my- mother dressed me and I went with Miss --, the other young lady, in a hansom, hoping we would go to the ballroom, because I wanted to see it. But we went straight down to Broadway, through Q.—'"Did you relate all that to Mr. Thaw?" A.—"Yes, he told me to tell him everything." Q.—"By the way, what was the date of that event?" A.—"As nearly as I can remember, it was in August, 1901." Q.—"Well, now I want you to tell of your first meeting with Stanford White just as you told it to Mr. Thaw on that day." A.—[Evelyn testified that a chorus girl, Edna Goodrich, asked her to a luncheon party where she would meet White. She and Edna took a cab and went to the studio on Q.—....“Did you see Mr. White again?" A.—"Yes, he came to see my mother, told her that I would be all right in Q.—"What did
you see there?" A.—"There was
a lot of expensive gowns
there." A.—"I went
into the dressing-room to
put on the dress. Q.—"'What did he say afterward?" A.—"He made me
swear that I would never tell
my mother about it. He said there was no use in talking and the
greatest thing
in this world was not to get found out. He said the girls in the
theaters were
foolish to talk. He laughed afterward. He said it
was all right-that there was
'nothing so nice as young girls and nothing so loathsome as fat ones.
You must
never get fat.'" Recalled: Direct Examination A.—"He asked
me how I came to speak to
Stanford White after my return from "One day
Mr. White telephoned me that he was
going to send a carriage for me and I was to come to Broadway "When I got
to Mr. Hummel's office Mr.
White went away. Mr. Hummel's office walls were covered with
photographs of
actresses, with writing on them. He asked me how I came to go to "I told him
all I could remember. He said
I was a minor and that Thaw should have been more careful. He said he
had a case
in his office against Thaw, but the woman in the case was a very bad
one and he
did not think the case was much good. “They asked
me if I went to “Mr. White
said that strong methods must be
resorted to to keep Thaw out of “Mr. White
said I must leave everything in Mr.
Hummel’s hands. Then they sent for a
stenographer, and the lawyer said I must not interrupt him in what he
was about
to say. I was very nervous and excited,
and I think I began to cry. Then they
began to dictate and put in a lot of stuff that I had been carried away
by
Harry Thaw against my will. I started to
interrupt, but the lawyer put up his hands and stopped me. “Several
days later Mr. Hummel called me up
and asked if I had any letters from Mr. Thaw. “He said he
just wanted to hold them over
Harry K. Thaw’s head. He sealed them up
in a big envelope so I could see, he said, that he did not care
anything about
them. “Then he
asked me why I did not sue Harry Thaw
for breach of promise. I said that was
absurd, for if there had been any breach of promise it was on my part. He said that did not matter. “Mr. Hummel
said a breach of promise suit
would be a fine advertisement for me. I
told him I did not care for that kind of advertising.
He said lots of actresses had done the same
thing and he had won lots of cases for them. He
told me an English duke had once been sued by an
actress for breach
or promise. He declared he could easily
win a suit for me. I said I did not want
to sue anybody. “This made Mr. Hummel very mad and angry and he told me I was foolish." Q.—"What more
did you tell Mr. Thaw?" "Mr. Thaw
was very much agitated. He said
Hummel was a blackmailer and he said, I think, that there was something
bad in
the air and he impressed me that he was going to see Mr. Longfellow,
his
lawyer. [Evelyn
testified that she visited her own
lawyer and relatedg her experiences with Hummel. Her lawyer, she said,
was
greatly incensed at what she told him of her experiences in Hummel's
office.] "My lawyer,
too, told me that Hummel was
a shyster. Mr. Thaw told me that I had no business
to speak again with Stanford White. He accused me of having been
imprudent with
Mr. White since I came back from Q.—"Did you
tell of another incident?"
"When I met him we went down to Mr. Hummel's office. He showed me the paper and showed me my signature and asked if it was mine, and I said it was. Then they put the paper in a big jardinière and burned it. Afterward I told Mr. Thaw all about it and also saw Mr. Longfellow and told him." Q.—"How did
Mr. Thaw, treat you from that
time until he proposed marriage?" A.—"He treated
me very nicely; carried
me up and down stairs when I was sick and brought me flowers and took
me
carriage riding." A.—"It was
because of my reputation. I did
not want to separate him from his family. I knew it would be a good
thing for
me to marry him, but it would not be for him. It was because I loved
him that I
would not marry. If I did not love him so much I might have been
anxious to
marry him." A.—“Yes." Q.—"You were given to believe that his family would receive you as his wife?" A.—"Yes." A.—“I did.” A.—"We did." Q.—"Did you tell your husband of the efforts of Stanford White to renew your friendship?" A.—“I did." Q.—"What was
the first occurrence you told
your husband about?" A.—"Once when
I was driving on. Q.—"Did you
tell your husband?" A.—"I did, and
he said it was not right for
me to see him and made me promise that if I ever met White again I
would tell
him about it." Q.—"Did you
tell him?” A.—"I did." Q.—"When did
you see Mr. White again?" A.—"It was on A.—Oh, he was
always very excited whenever I
told him of my meetings with White. He bit his nails and looked
excited." Q.—"Did you
ever tell Mr. Thaw how yon came
to be sent to school at Pompton, N. J., and if so, relate it to the
jury, and
also wherein the name of Jack Barrymore entered into the discussion,
and tell
what your relations to Barrymore were." A.—"I met Mr.
Barrymore when I was with the Wild
Rose' company at the Knickerbocker theater. Mr. White gave a dinner to
a whole
lot of friends. I was asked to attend and I went there and met his
friends at
the party. Mr. Barrymore was there...."
"White
asked me if I would marry
Barrymore and said, 'If kids like you get married, what would you have
to live
on?" "Every day
after that when I would meet
my mother she would ask me if I intended 'to marry that little pup
Barrymore,'
saying Mr. White was afraid I would. "Mr. White
then came to see me and said I
would be very foolish to marry Mr. Barrymore; we would have nothing to
live on,
would probably quarrel and get a divorce. He also said Mr. Barrymore
was a
little bit crazy, that his father was in an asylum, and he thought the
whole
family was touched. He was certain Mr. Barrymore would be crazy in a
few years,
and for that reason said I ought not to marry him. "Mr.
Barrymore asked me a second time if I
would marry him, and again I said, 'I don't know,' and laughed. The
upshot of
the whole matter was that Mr. White came and said I ought to be sent to
school,
and I was." Q.—...."You
have already testified, Mrs. Thaw,
that you are familiar with the handwriting of Stanford White," said the
attorney. "I now hand you a paper and ask if from beginning to end it
is
in the handwriting of Mr. White?" A.—"It
is his handwriting." Q.—"How long
have you known May
McKenzie?" A.—"Since
1901." Q.—"How long
has Mr. Thaw known her?" A.—“Since
1904." Q.—"Did you in
May, 1906, relate to Mr. Thaw
a conversation you had with May McKenzie especially with reference to
what she
said to you regarding Stanford White?” A.—"May
McKenzie told me Stanford White had been to see her and that she had
told him that Harry
and I were getting along finely together. She said she thought it was
so nice
the way we loved each other. Q.—"Did Mr.
Thaw say anything when you told him
this?" A.—"He said he
had already heard it from Miss
McKenzie." Q.—"What was
his condition when you told him?" A.—"The way he
always was when on the
subject of Stanford White." Q.—"How was
that?" A.—" Very
excited and nervous." Q.—" You had a
second operation in 1905, did
you not?” A.—"Yes." Q.—"Who made
the arrangements for it and
paid the cost?" A.—"Harry K.
Thaw." Q.—"How much
was the bill?" A.—"In all
about $3,000. The operation
itself was $1,000." A.—"No, sir;
not in my presence." Q.—"Did Mr.
Thaw at the time of your marriage
and subsequent thereto talk very much about the incident in your life
connected
with White?” A.—“Yes. He
always talked about it. He would waken me
often at night,
sobbing. And then he would constantly
ask me questions about the details of this terrible thing.” Q.—“Did you
visit May McKenzie at her apartments
in 1904?” A.—“Yes; she
was ill and sent me a letter to come
to see her.” Q.—While you
were there did Stanford White come
in?” A.—“Yes.” Q.—“Did you
tell Mr. Thaw of anything that then
occurred?” A.—“Yes.
Stanford White spoke to me several times
and I always answered ‘yes’ or ‘no.’ He
then came over and started to straighten a bow on my hair.
My hair was short, having been cut off at the
time of first operation. The Stanford
White tried to put his arms around me, and wanted me to sit beside him
on the
bed. I told him to let me alone....I
told him it would do no good,that White had many influential friends
and that he could stop it. I
told him that lots of people would not believe the things about White
on
account of his personality." Q.—"Did you
and Mr. Thaw discuss the fate of
the 'pie girl?" A.—"Yes, sir.
It was in Q.—...."When did
Mr. Thaw next talk to you about
such cases?" A.—"The next
time was in Q.—"Did you and Mr. Thaw often speak of
these girls?" A.—"Yes, there
was a constant conversation.
I could not possibly tell you every place and every time we discussed
it. He
told me something ought to be done about the girls. I told him I could
not do anything.
He then said I could help him. I tried to get his mind on other things
and then
he would say I was trying to get out of it. He said White ought to be
in the
penitentiary; that he got worse and worse all the time and something
had to be done." Cross-examination by William T.
Jerome: Q.—....“Was there any
exposure of the person or did you wear the so-called artistie
draperies?” A.—“I would not
say that,” replied the witness. “I posed
in a Greek dress and a Turkish costume.” A.—“I never did—I
always posed with clothes on. Do you mean without anything on
her? I have posed in low-neck, but
never, never like that.” Delmas— Jerome—“I’d like to, but you know that it is impossible. You know where she is.” A.—“No.” Q.—“Is it not
true that that married man was James A. Garland, and that he was
getting a
divorce, and that you and your mother frequently quarreled about him” A.—“No,
indeed.” Q.—“Is it not
true that you went alone with him on the yacht?” A.—“Mamma and I,
yes.” A.—“Never.” Q.—“Ever had any
casts made in the nude?” A.—“No.” Q.—“Did you not
in the spring of 1901 have such a cast made?” A.—“No.” Q.—“Do you know
Mr. Wells, sculptor?” A.—“No.” Q.—“Ever heard of
him?” A.—“Never.” Q.—“How long did
you know A.—“Not long.” Q.—“When did you
acquaintance with him cease?” A.—“When I met
Stanford White.” Q.—“Isn’t it true
that Mr. Garland became very annoying when you lived at a certain
apartment
house?” A.—“No.” Q.—“Your
recollection is clear that you posed in draperies the day before the
mirrored-room incident?” A.—“Yes.” Q.—“Was there any
exposure of the person?” A.—“Yes.” Q.—“Was there any
exposure of the person” A.—“The
photographs were low-necked.” A.—“Yes, sir.” A.—“Not until my
talk with Mr. Thaw.” Q.—“Before that
you didn’t believe it wrong; you did not think it improper?” A.—“Oh, yes.” Q.—“Very wrong?” A.—“Not
particulary. I knew people said it was
wrong.” Q.—“Did you think
it very indelicate and vulgar?” A.—“That is all.” Q.—“That it was
only bad taste?” A.—“Yes.” Q.—“But you
didn’t think it was wrong?” A.—“I didn’t
fully realize it until I went to Q.—“But you
thought it was wrong?” A.—“Yes.” Q.—“Did you
belong to any religious organization?” A.—“No.” Q.—“You went to
church and Sunday school in A.—“Not in Q.—“In A.—“In a way." Q.—“Before you
left A.—“Yes.” Q.—“Had you come
to full understanding of the infamous character of White’s act?” A.—“Yes—but not
so much as I have now.” Q.—“Yet it was
this that induced your renunciation of Thaw’s great love?” A.—“Yes.” Q.—“Did you
refuse Thaw solely because of the occurrence with White?” A.—“Because I
have been found out.” Q.—“Who told you
you had been caught?” A.—“Friends of
Stanford White.” Q.—“So it was not
because of the occurrence, but because you had been found out?” A.—“It was both
together. I had an instinct about
it. When Mr. Thaw proposed it was the
first proposal I ever had and it all struck me very seriously. It all came together.” Q.—“You felt the
most heinous wrong had been done?” A.—“I didn’t know
anything about it at the time. All I
remember is what I felt like when I woke up.
I remember that distinctly. I
didn’t understand what had taken place.” Q.—“It outraged
every maidenly instinct in you, didn’t it?” A.—“It did, and
that is why I quarreled with Stanford White.” Q.—“You were very
bitter against White when you told Thaw weren’t you?” A.—“Not then.” Q.—“When you felt
you were giving up Thaw’s love you didn’t fell bitter against White?” A.—“Not
intensely. Not until Mr. Thaw made me
realize it.” Q.—“Did you
continue to have a feeling of enmity against White?” A.—“I wouldn’t
say enmity—it was hostility against him for this one thing and
subsequent
things.” Q.—“What
subsequent things?” A.—“Things with
Stanford White.” Q.—“Were they
improper and indecent?” A.—“I don’t know
what you would call them.” Q.—...“While abroad
did you tell your mother of you experience with White?” A.—“No.” Q.—“How did you
know Stanford White’s friends knew of your relations with Stanford
White?” A.—“One of them
saw me with him at the East Twenty-second studio.” Q.—“Was there any
impropriety there?” A.—“Yes.” Q.—“So you
continued to maintain relations with Stanford White?” A.—“Yes, for a
time.” A.—“Yes.” Q.—“And you
didn’t think to tell us on your direct examination?” A.—“No.” Q.—“Can you fix
dates as to these subsequent events?” A.—“No.” Q.—“How did you
know this man knew of your relations with White?” A.—“He saw me one
day with Mr. White in one of his studios.” Q.—“Were you and
Mr. White alone?” A.—“Yes.” Q.—“ A.—“Not after
January, 1902.” Q.—“How many
visits did you make?” A.—“I do not
remember.” Q.—“Were they
frequent?” A.—“No.” A.—“At the Q.—“And on these
occasions were you two alone?” A.—“Yes.” Q.—“Did you
partake of refreshments there?” A.—“Yes.” Q.—“Were you
drugged again?” A.—“No.” Q.—“Did you have
too much wine?” A.—“Yes.” Q.—“What time of
the day did these incidents occur?” A.—“Usually after
the theater.” Q.—“Why did you
not tell your mother all about your visits?” A.—“I would
rather have died than to tell her.”
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