CHAPTER XII.

The Hidden Witness to the Proposal.

MRS. CAINE TELLS HOW HARRY THAW OFFERED EVELYN’S MOTHER A VAST AMOUNT OF CASH FOR HER HAND--EVELYN RECALLED TO THE STAND--TELLS OF POSING IN STUDIOS--ANOTHER DAY OF TORTURE--THE VISIT TO THE “DEAD RAT”--MRS. THAW IN TEARS--HUSBAND WEEPS WHEN SHE IS FORCED TO TELL HOW SHE WAS FOUND BY A VISITOR TO WHITE’S STUDIO--ADMITS SHE VISITED HIM OFTEN AFTER THE “MIRRORED STUDIO” INCIDENT--ALMOST FAINTS ON STAND--HUSBAND IN TEARS--EVELYN IN DELIRIUM AFTER THE ORDEAL.

The next sensation in the trial came when Mrs. J. J. Caine, of Boston, a close friend of Evelyn Nesbit and her mother. Mrs. Holman, testified that Harry Thaw pleaded with Evelyn’s mother for her hand in marriage. The scene which she dramatically described, occurred in New York, in 1903. Mrs. Holman was entertaining Mrs. Caine in her apartments at the time and when the young millionaire called, Mrs. Caine concealed herself in a bathroom where she overheard all that took place.

Mrs. Caine testified as follows:

“Harry Thaw entered the room excitedly and at once told Mrs. Holman that he wanted to marry Evelyn. He told the mother of his desire to send the girl to Europe and said if she would marry him he would settle enough on the mother and her son, Howard Nesbit, to keep them in comfort during their entire lives. (Later testimony indicated this amount was $200,000.)

Evelyn’s mother said she would try to fix it so the seventeen-year-old girl would accept him. Mr. Thaw did not stay long, and when he left, Evelyn’s mother said, “Now you see his intentions are honorable.”

Thaw had never before known his conversation was overheard by an eavesdropper who would stand him in such good stead.

After Mrs. Caine left the stand Mrs. Evelyn Thaw was recalled for cross examination. For hours she sat before the merciless Jerome under a scathing cross fire of questions. Traps were laid and sprung, queries were hurled in volleys to carry her off her feet and overwhelm her in a tangle of contradictions, but all in vain; the mere slip of a girl met the skilled prosecutor with a calm and effective resistance.

Jerome’s first step was to try to prove that Evelyn had posed in the nude. He first showed her a photograph of herself taken in 1904. It showed Evelyn in a kimono--the famous one given her by Stanford White. There was nothing offensive in the pose as disclosed by a view of the picture.

Mr. Jerome by his next few questions indicated that he did not intend to spare the feelings of the young woman in any way. He interrogated her sharply as to the details of her dress when she was posing for artists in Philadelphia and New York, seeking to learn whether she posed in “the altogether” or partially draped. The prosecutor persisted in certain questions even after Mr. Delmas had objected, and insisted on having definite answers, though Mrs. Thaw usually said she could not exactly remember.

“Was there any exposure of the person or did you wear the so-called artistic draperies?”

“I would not say that,” replied the witness. “I posed in a Greek dress and a Turkish costume.”

Jerome questioned her especially as to her posing in New York, asking whether she had ever been photographed or painted with her person exposed. She answered positively that she had never posed in such a condition.

“You are certain you never posed for a painting or photograph in such a manner?” asked Jerome.

“I never did--I always posed with clothes on.” She moved her hands from her throat to her waist and said: “Do you mean without anything on here? I have posed in low-neck, but never, never like that.”

Then Mrs. Thaw told how she won her New York reputation as a model. She sent a picture of herself, under the name of Florence Evelyn to a New York magazine and soon was besieged by artists. Her mother aided her in her search for work.

“Is it not true,” went on Mr. Jerome, reading from a paper, “that in the spring of 1901, so far as your relations with your mother were concerned, that you were getting unruly, that your mother still stuck by you, that a married man -- --”

At this point Mr. Delmas interposed an objection to Mr. Jerome reading from what he termed a statement by Evelyn Thaw’s mother.

“If the district attorney wants the mother’s testimony in he should produce her on the stand,” he said.

“I’d like to, but you know that it is impossible. You know where she is,” said Mr. Jerome.

The question regarding Evelyn becoming unruly was allowed to stand.

“No,” she answered decidedly.

“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?”

“No, indeed.” Mrs. Thaw drew herself up indignantly and stamped her foot.

“Is it not true that you went alone with him on the yacht?”

“Mamma and I, yes.”

“Were you made a corespondent in Mr. Garland’s divorce suit?”

Mr. Delmas objected. The record, he said, was the best evidence.

The question of photographs was resumed. Jerome asked:

“During this time did you ever pose for an artist in the nude?”

“Never.”

“Ever have any casts made in the nude?”

“No.”

“Did you not in the spring of 1901 have such a cast made?”

“No.”

“Do you know Mr. Wells, sculptor?”

“No.”

“Ever heard of him?”

“Never.”

“How long did you know Mr. Garland?”

“Not long.”

“When did your acquaintance with him cease?”

“When I met Stanford White.”

“Isn’t it true that Mr. Garland became very annoying when you lived at a certain apartment house?”

“No.”

“Your recollection is clear that you posed in draperies the day before the mirrored-room incident?”

“Yes.”

“Was there any exposure of the person?”

“The photographs were low-necked.”

The ivory cheeks of the fair witness suddenly flamed with color and a look of mingled fear and

anger crept into her big limpid eyes. She was about to break down when the hearing for the day was ended. It was a spell of sorrow to her husband and terror to the woman.

Another day of torture was in store and it came with the morrow. Jerome had prepared to make the ordeal terrific and under his pitiless lash Evelyn fell like a stricken doe. Jerome read his questions from notes carefully prepared, realizing it was useless to attempt to ensnare the witness any other way. Although he brought tears to her eyes, and caused her to wince again and again, she stuck to her story bravely.

“Did you continue to believe all women were what Stanford White told you until you talked with Thaw in Paris in 1903?” he thundered.

“Yes, sir,” replied Mrs. Thaw meekly.

Then Jerome proved that Mrs. Thaw had visited a place in Paris called the Dead Rat in company with Harry Thaw.

“Before the time you left Paris, had you any appreciation that such things as you have described were considered as improper and positively wrong?”

“Not until my talk with Mr. Thaw.”

“Before that you didn’t believe it wrong; you did not think it improper?”

“Oh, yes.”

“Very wrong?”

“Not particularly. I knew people said it was wrong.”

“Did you think it very indelicate and vulgar?”

“That is all.”

“That it was only bad taste?”

“Yes.”

“But you didn’t think it was wrong?”

“I didn’t fully realize it until I went to Paris.”

“But you thought it was wrong?”

“Yes.”

“Did you belong to any religious organization?”

“No.”

“You went to church and Sunday school in Pittsburg?”

“Not in Pittsburg.”

“In Paris it was impressed on you that White had done you a terrible wrong?”

“In a way.”

“Before you left Paris you had begun to look on such relations as very wrong?”

“Yes.”

“Had you come to a full understanding of the infamous character of White’s act?”

“Yes--but not so much as I have now.”

“Yet it was this that induced your renunciation of Thaw’s great love?”

“Yes,” said Mrs. Thaw, as tears welled to her eyes.

“Did you refuse Thaw solely because of the occurrence with White?” asked Mr. Jerome of the witness.

“Because I had been found out.”

“Who told you you had been caught?”

“Friends of Stanford White.”

“So it was not because of the occurrence but because you had been found out?”

“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.”

“You felt the most heinous wrong had been done?”

“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.”

“It outraged every maidenly instinct in you, didn’t it?”

“It did, and that is why I quarreled with Stanford White.”

“You were very bitter against White when you told Thaw, weren’t you.”

“Not then.”

“When you felt you were giving up Thaw’s love you didn’t feel bitter against White?”

“Not intensely. Not until Mr. Thaw made me realize it.”

“Did you continue to have a feeling of enmity against White?” continued Jerome.

“I wouldn’t say enmity--it was hostility against him for this one thing and subsequent things.”

“What subsequent things?”

“The prosecutor caught up Mrs. Thaw’s own words?”

“Things with Stanford White,” replied Mrs. Thaw.

“Were they improper and indecent?”

“I don’t know what you would call them.”

Mrs. Thaw then testified that while she was in London, before her marriage, her mother compelled her to write a friendly letter to White.

“While abroad did you tell your mother of your experience with White?”

“No.”

“How did you know Stanford White’s friends knew of your relations with Stanford White?”

“One of them saw me with him at the East Twenty-second street studio.”

“Was there any impropriety there?”

“Yes.”

“So you continued to maintain relations with Stanford White?”

“Yes, for a time.”

Thaw buried his face in his hands. Tears were in Mrs. Thaw’s eyes and she broke into sobs.

Mr. Jerome demanded the name of the man who had seen her at the studio. He asked the witness to whisper it.

Mr. Delmas wanted it publicly announced. A wordy conflict ensued, in which Mr. Jerome threatened to have the courtroom cleared. Justice Fitzgerald finally settled the matter, saying the name might be given to counsel, the court, and the jury.

“Did you tell Harry Thaw about these subsequent relations with Stanford White?”

“Yes.”

“And you didn’t think to tell us on your direct examination?”

“No.”

“Can you fix dates as to these subsequent events?”

“No.”

“How did you know this man knew of your relations with White?”

“He saw me one day with Mr. White in one of his studios.”

“Were you and Mr. White alone?”

“Yes.”

“And this was about a month after the incident with drugs?”

“Yes.”

“How long did you continue to visit Mr. White?”

“Not after January, 1902.”

“How many visits did you make?”

“I do not remember.”

“Were they frequent?”

“No.”

“Ten times?”

“I can’t remember.”

“Where did these visits take place?”

“At the Twenty-second and Twenty-fourth street studios and in the Tower.”

“And on these occasions were you two alone?”

“Yes.”

“Did you partake of refreshments there?”

“Yes.”

“Were you drugged again?”

“No.”

“Did you have too much wine?”

“Yes.”

“What time of the day did these incidents occur?”

“Usually after the theater,” replied Mrs. Thaw, wiping the tears from her eyes.

As to the nature of the operation which was performed upon her while she was at school in New Jersey the witness said she knew only what the nurses and doctors told her, that it was for appendicitis.

“Why did you not tell your mother all about your visits?”

“I would rather have died than to tell her,” almost shrieked the girl.

During this period the prosecution established the following facts adverse to her:

That this beautiful girl, in the critical character-forming time of her life, was practically without religious instruction or training.

That she was an associate of various men of evil reputation and mingled with the gayest set of the intemperate circles of Bohemia.

That she pursued a calling most dangerous to innocence and purity for any girl.

That she lived off the bounty of the man who she alleges committed a shocking crime against her.

That she held astounding and shameful ideas of morality.

This was Mrs. Thaw’s worst day on the stand, when her tears flowed almost constantly. When she was forced to tell of her experiences in White’s infamous studio, she almost fainted. With head buried in his hands, Thaw wept aloud. It was a pitiful scene. The husband was so far overcome that he could not take his customary notes on the trial.

Evelyn Thaw was delirious that night and fell in May McKenzie’s arms at her hotel.

Is it a wonder that Evelyn Thaw wished to flee from further notoriety after Thaw shot Stanford White, according to a member of the Thaw household? She is said to have made hasty preparations to sail for Europe. When the Thaw lawyers learned of this, a council was called immediately, and Evelyn was induced to stay, as rumor had it, by liberal concessions of the Thaws.