CHAPTER XIV.

Thaw’s Mother on the Stand.

AGED WOMAN WITH ALL HER WEALTH AND SOCIAL POSITION, A PATHETIC FIGURE--BENT WITH GRIEF AND SHAKEN WITH SOBS--TELLS HOW SON WEPT VIOLENTLY AT NIGHT--FIRST HEARD EVELYN NESBIT’S NAME ON THANKSGIVING BEFORE MARRIAGE--HARRY CONFIDED TO MOTHER THAT GRIEF WAS DUE TO EVELYN’S FATE--CALLED HER VICTIM OF CIRCUMSTANCES--MOTHER APPROVED OF MARRIAGE ON CONDITION THAT MRS. HOLMAN SHOULD NEVER ENTER HER HOUSE AND THAT EVELYN’S PAST SHOULD NEVER BE REFERRED TO--DEFENSE ENDS ITS CASE.

Pathetic as was the trembling figure of Evelyn Nesbit Thaw on the witness stand it paled into insignificance as compared with the appearance of Mrs. William Thaw, the aged mother of the defendant, in the role of a witness, contributing her share of humiliation to the sacrifice for her son’s life.

Bent with grief and shaken with sobs, the haughty widow of the millionaire steel king appeared clothed from head to foot in black. For the moment, pride of family and of wealth disappeared before the misery of the ordeal she had to undergo. Momentarily, she would show a flash of spirit, but it disappeared almost as quickly. Even the stern prosecutor softened

in manner before the sorrow of the aged woman. To attack her with the same ferocity as the wife of the accused would have spelled ruin for him. He read the handwriting on the wall and desisted.

Altogether Mrs. Thaw did not make as good a witness as did Evelyn with her wonderful composure and ready wit; but she impressed the jury and all hearers forcibly nevertheless. She herself seemed disappointed when her examination came to an end. Her disappointment centered about refusal of counsel to permit her to deny that her son Harry suffered a taint of insanity by heredity. She was placed on the stand immediately after Dr. Charles D. Wagner, an alienist, had testified Harry Thaw was incapable of viewing his action as wrong when he shot White.

Mr. Delmas conducted the direct examination of Mrs. Thaw, which follows:

“In what time of the fall of 1903 did your son, Harry K. Thaw, come to your home in Pittsburg?”

“In October. He came two days after my other son was married.”

“During the time that Harry K. Thaw was at your home did you notice anything peculiar in his conduct denoting a change?”

“When he first entered the house his manner was such that it struck me at the time.”

“Will you describe his appearance?”

“He seemed absent-minded and had a despairing look.”

“Did this continue?”

“Yes.”

“What followed?”

“This sort of thing happened several times at night. His room was next to mine and he sobbed violently during the night.”

It was at this point that the grief-stricken mother first gave way to her overpowering emotion. Her face, which had been as gray as her hair when she entered the courtroom, flushed red and tears stole down her cheeks.

She wiped away the tears with a black-bordered handkerchief and continued her story in a hesitating manner. Her tones were so low that several of the jurors could not hear her.

“Had you proceeded to state that you had found your son as late as 3 or 4 in the morning awake and undressed?”

“No; I said he was dressed.”

“And you had proceeded to state what he said?”

“He said that a man--probably the worst man in New York--had ruined his life.”

“Had you made any inquiry of your son as to what that man had done?”

“He said the man had wrecked the life of a young girl.”

“Did you learn more about that statement?”

“Yes. I could not learn who the girl was who was associated with this wicked man in New York.”

“Did you learn her name from your son?”

“Yes.”

“Will you tell us just what he said?”

“I learned more about it afterward.”

“Was that all you learned up to Thanksgiving day?”

Mrs. Thaw began crying again and restrained herself only after a great effort.

Some of the jurors complained that they had not been able to hear the testimony. By direction of the court, the stenographer read aloud the testimony of Mrs. Thaw. Her testimony was as follows, eliminating questions:

“In November, 1903, a few days before my second son was married, Harry came there. It was the 18th of November. I noticed a change in his conduct when he first entered the house. I had the habit of going to the door, and when I saw him it struck me that he looked absent-minded, as if he had lost interest in everything. The impression grew on me.

“He appeared to be laboring with a problem. He went to the drawing room and I heard the piano playing violently at first and then the tone grew softer and softer. This happened after he would come back, and after a while he would go to the drawing room and resume playing in the same way, first wildly and then softer and softer.

“But the most marked feature was his wakefulness at night. His room was next to mine and I would hear him sobbing. I would see a light under the door at three or four in the morning. I would go into his room and find him sitting up crying.

“I am not of a prying disposition, and I did not inquire into his trouble at once. He finally told me one night what the trouble was. He did not tell me definitely at first. He first said that it was something a wicked man in New York had done that had ruined his life. That was as much as I could get from him at first. He said the man was probably the worst in New York.

“On Thanksgiving I learned more. I did not ask the girl’s name. I learned from him one night what the wicked man had done to the young girl. I did not want to inquire any further.

“I told him that sort of thing happened in New York constantly and I asked, Why should that ruin your life? But he insisted it had.

“I tried to influence him the other way, to show him that it was not his place to look after the young girls.

“He said the girl had the most beautiful mind of any woman he had ever met and that if she had been under the influence of a good mother she would have been the best woman that ever lived. I cannot recall the entire conversation, but that is the substance of it.

“I only know that on Thanksgiving Day that incident occurred. It was the first Thanksgiving Day in our new church, and as it was very crowded. Harry and I had to stand under the gallery. I was glad afterward that we had to, as we heard the beautiful music.

“I heard a sob and when we drove home I asked Harry, ‘Why did you forget yourself in church?’ and he said it suddenly came over him--this dreadful thing. ‘If that dreadful thing had not happened,’ he said, ‘she could have been here with us.’”

The reading ceased and Mrs. Thaw was questioned further by Mr. Delmas.

“Did you have further conversations with him?”

“I think that was the substance of what he said and what I noticed.”

“After this conversation on Thanksgiving day, did you notice anything about his wakefulness and disturbed condition?”

“Nearly every morning I saw him up early. The same condition prevailed.”

“Do you know whether Dr. Bingaman was in attendance a few afternoons later?”

“Yes; I remember it was a gloomy afternoon. It was the Saturday after Thanksgiving, I believe. He did so so frequently that I do not recall any single occasion.”

“While he (Dr. Bingaman) was in your home did his reference to this young girl become more frequent or less frequent?”

“I am not sure. If anything it was more frequent.”

“When did you learn who this young girl was?”

“I cannot recall that. I have tried to. During the Spring of 1904, before he went abroad, I am inclined to think I learned that.”

“At that time can you recall what your son said about the young girl?”

“I can not recall it.”

District Attorney Jerome here appealed to the court to instruct the witness to answer yes or no to this question.

“You have stated that you think you learned who this young girl was before your son went to Europe in 1904. Now, my question is, what did he say?”

Mrs. Thaw’s examination was interrupted at this time by a clash of counsel over the purpose of the questions, District Attorney Jerome insinuating that if it was to show Thaw mentally unbalanced he would ask for a lunacy commission. The clash did much to disconcert the witness. Finally her examination continued.

“What did your son say to you?”

“It was some time between Thanksgiving and when he went back to Europe that he told me who the young girl was. I cannot recall the conversation we had, but I think it was in March that he told me.”

“What did your son tell you?”

“He said she had gone with her mother to New York and she had met the wicked man who had ruined her. I cannot recall all the conversation, but know I learned her name.

“Have you now stated all the conversation you had with your son between the time he got home and the time he left for Europe?”

“Yes: I have told all.”

“Your son then reappeared in your home in the Fall of 1904?”

“Yes.”

“Did he speak to you then about his contemplated marriage to this young girl?”

“I remember expressing my disapproval about his coming over from the other side with her, but he said there was nothing wrong: that she had been the victim of circumstances.”

“Will you state when he first manifested the intention of marrying that young girl?”

“In November, 1903, he told me he desired to marry her, but that he had been frustrated at every move he made.”

“You went South in 1904?”

“In February. It may have been in 1905. I cannot remember dates.”

“When you returned from the South you say your son was still intent on marrying this girl?”

“Yes; and I therefore came here to New York and saw her. This was about a month before the wedding.”

“You came to see her? And did you talk with your son about the wedding?”

“Yes.”

“Did you finally give your approval? Kindly state what conversation you had with your son on the subject after your return to the hotel?”

“He asked me whether I would be willing he should marry her and I said he could marry her at my home. I said he could take her home--that I liked the girl. I told Harry I had no one at home now and would take this girl to my home and her past would be closed. I told him I would never ask her about it nor permit it to be mentioned in my presence. I did, however, make one condition. I told him I would not have her mother in my house. So he made the arrangements and on April 2 came home to be married.”

“Now, after you had given your approval, they were married at your home in Pittsburg?”

“Yes.”

“How soon did the marriage take place?”

“Two days later.”

“What seemed to be his condition just prior to the marriage?”

“He seemed to be in a better condition, but somewhat depressed. He seemed to fear that the mother of the girl would withhold her consent to the marriage. He said he feared that at the very last her mother would refuse her consent.”

“What was the cause of this agitation on his wedding day?”

“He felt that her mother would still try to interfere. He was busy writing nearly all day.”

“Did you know that a will and codicil was being executed that day?”

“Yes.”

“At what time of the day?”

“At the early dinner.”

“You say they left for the West that night?”

“Yes.”

“How did he appear when he came back?”

“Their life was clear and placid. They were with me until October. I had an opportunity and carefully watched them.”

Mr. Jerome then took the witness in hand for cross examination.

“Did your son learn to play the piano?”

“Yes.”

“At some time subsequent to the death of your husband--or, rather ... I’ll put it this way--were you the executrix or trustee of your husband’s estate?”

Delmas objected.

“I am trying to show that at a certain date the executors of the late Mr. Thaw’s will increased the amount set aside for the defendant under the will,” said Jerome.

The question was changed as follows:

“Did such an event take place?”

“Yes.”

“At what date?”

“I cannot remember exactly.”

“How did it come about?”

Delmas objected.

“I want to instruct the witness that the District Attorney can ask any question he wants,” he said, “and that I can object to it if I want to, and I ask you, Mrs. Thaw, not to answer until I have had a chance to object.”

“There was a time when your son, under his father’s will, was to receive a certain amount of money unless the executors saw fit to increase it and there was a subsequent time when the amount was increased by the executors, when was that?”

“If you will state it was after June, 1903, I will not object,” said Delmas.

“I will not allow the question unless you set the date subsequent to June, 1903,” said Judge Fitzgerald.

Jerome again put the question and was again overruled.

“After the death of the defendant’s father was he in receipt of a certain income from the estate of his father?”

Delmas objected and was again sustained.

“After June, 1903, what was the income of the defendant?”

“It was from his own estate.”

“What income did he receive before that?”

Delmas objected and was sustained; Jerome was beaten at every point.

“When you spoke to him of his proposal of marriage, did he say he wanted to shield the young girl from a wrong?”

“Yes.”

“Did he relate to you the occurrences in Europe? Did he tell you of his desire to make Evelyn Nesbit his wife?”

“He did.”

“Did he express fear that he might not be married at that time?”

“He said she had told him that it would make an unsuitable match and that while he was very anxious to make the girl his wife she was not so anxious because of this wrong.”

“When they arrived from Europe did he come to your home in Pittsburg?”

“Not directly, but during that month.”

“So that up to the time of the marriage you had received no information of his former relations with Evelyn Nesbit?”

“No.”

“I am through,” said Jerome.

After the aged woman’s testimony had been concluded, Attorney Delmas suddenly threw a bomb into the ranks of the prosecution by announcing in a low voice the three words:

“The defense rests!”