“I have examined 800 people as to their sanity, and should know the prisoner’s condition.
“When I examined Harry in the Tombs prison after the murder his actions were irrational.”
Dr. Wiley was on the stand for the defense all the first day, and at the opening of the second day a sensation came when Mr. Delmas took the helm of the defense, and called Benjamin Bowman as the second witness. Jerome had refused to allow Bowman to
testify for the state. Bowman in 1903 was a doorkeeper at the Madison Square Garden Theater.
“I knew Stanford White and Harry Thaw,” Bowman swore. “A few nights after Christmas, 1903, Stanford White came up to me after the show and wanted to know if Miss Nesbit had gone home. I told him she had. He replied: ‘You are a liar.’ I told him to go back on the stage and see for himself.
“When he returned, and as he passed me he pulled a pistol from his pocket and muttered: “I’ll find and kill that-- -- -- -- -- -- -- -- before daylight.’”
“Did you tell Harry Thaw of this threat against his life?” asked Delmas.
“Yes, I met him on Fifth avenue and told him I wanted to speak with him regarding Miss Nesbit. I then told him of the incident at the theater and of White’s threat.”
“What was Mr. White’s condition when he made the threat?”
This ended the direct examination of Bowman, and Justice Fitzgerald said:
“If there are any persons in the courtroom whose sense of propriety would be offended by the testimony of this witness the court will give them an opportunity now to withdraw.”
“We must ask the court to bear with us in bringing out this testimony,” explained Delmas, “but it is essential.”
“It is perfectly right and proper,” Justice Fitzgerald quickly assured the lawyer. “There are ladies here, however, and I think they should be given the opportunity to withdraw if they so desire.”
The Countess of Yarmouth and Mrs. George L. Carnegie quickly left the courtroom.
Mrs. Evelyn Nesbit Thaw and May McKenzie arrived at the courthouse some time after the session had begun.
In cross-examination by Mr. Jerome the witness clung to his story. He added that “The Girl From Dixie” was playing at the Roof Garden Theater at the time, and that White and Thaw even then were rivals for Miss Nesbit’s affections.