Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-11
evidence as to Thaw's insanity had been
submitted
Women Barred Out.


Women Barred Out.
The opening of the fourth week of the
trial brought new order of things In the
court room, and all women other than
the half dozen active newspaper writer's
who have followed the case since the be-
ginning, were barred by order of Justice
Fitzgerald. During the two days of last
week, when Evelyn Nesbit Thaw was on
the witness stand New York women crowd
ed the court room, having in some manner
solved the problem of getting past the
bailiff at the door This morning the wom-
en- stormed the portals again, but in vain
In the belief that young Mrs. Thaw was
again to be the central figure in the IA
nous trial. the women were anxious to
hear the final details of the life narrative
of the prisoners wife.
They were attired in all the gay plumage
that gave the court room last week the ap-
,,earance of some gala matinee perform
ance.
All Very Indignant.
Their Indignation knew no bounds when the
court officers repulsed them with the state
ment that the courts order excluded every
one except such as were working news
paper reporters. Many of those who had
occupied front seats during last week were
loath to believe that the order could pos
sibly include them, and they renamed
about the corridors for long time In the
hope that there might be some relaxation
of the rules. They were doomed to olsap-
pontment, however. and at last reluct-
antly left the building.
As a result of the order barring all wom-
en- there were several rows of vacant seats
in the court room when Justice Fitzgerald
took his place on the bench, and Harry
Thaw was called. The prisoner walked to
his Mace at the counsel table without
single friendly nod to greet him. No MEM
Der of his family was in court.
Banker on the Stand.
That the defense would proceed with the
struggle to have Harry Thaws Will accept
ed in evidence as testimony to his unsouno-
ness of mind was indicated by Mr.. Delmas,
who asked that J. D. Lyon be called as inc
first witness of the day.
Mr.. Lyon was called and stated that he
had lived in Pittsburg all his life, and had
been engaged in the banking business ior
more than a quarter of a century. He Is
Bank.
You are acquainted with the defendant,
Harry K Thaw?, asked Mr.. Delmas
Here District Attorney Jerome objected.
He protested against the defense proceeding
with a new witness while the examination
of Mis- Evelyn Thaw remains uncom"
pleted.
Insufiency of Proof.
Mr.. Jerome said he thought the defense
should offer some explanation of its purpose
In interrupting the testimony Of Mrs. Thaw
to introduce Mr.. Lyon as witness.
Mr.. Delmas stated that when court had ad-
iourned last Friday the will of the defend
ant was under discussion, and had been
ruled out because of the insuHciency OF
the proof of the document. 1t was now pro-
posed he said, to proceed with the 1urtner
identification of the will.
Mr.. Delmas stated that he considered that
enough evidence had been introduced in the
shape of the testimony of an expert, and
of Iaymen who were witnesses to the occur
renee to establish prima facie case OF un-
soundness of mind. All he was attempting
to do. he said, was to interrupt Mrs. Thaws
testimony for the purpose Of better salts
fyine the district attorney OF the de1eno-
ants unsoundness Of mind at the time OF
the shooting He thought that in doing this
he was complying with the district attor-
ney's wishes.
Facts Not Evidence.
Mr.. Delmas asked that Mr.. Lyon, who
had been called from his business In Pitts
burg to testify at this time, be allowed
merely to identify an envelope and package
the Will it contained. Then. he declared.
II the district attorney objected further he
would defer for the time being the oner
of the will in evidence.
Mr.. Jerome in arguing that his objection
| should be sustained went into a discussion
| of the rules of evidence which prevented
the district attorney from controverting the
truth of Mrs. Thaw's testimony as to the
story she told her husband. Judicially, Mr..
Jerome said, the court could not say as 10
whether or not the story Mrs. Thaw told
her husband had an effect on his mind.
II must object to this line of argument
| nv the district attorney" interrupted Mr..
Delmas. He is addressing himself to facts
not in evidence"
Sound Objection.
Justice Fitzgerald stated that all state
ments OF Mrs. Thaw are on the record prac-
tically by consent but now the Judgment OF
tho court was invoked. The objection to
the introduction of the documents on FIJI
day was a technical one, but it was sound.
There was witness on the stand when
court adjourned whose testimony has not
been finished.
eft seems to me-" said the court, that
either that witness should be finished with,
or consent should be given to proceed with
| this witness"
Mr.. Jerome. after short whispered con-
| ference with Mr.. Delmas, withdrew his
objection, and Mr.. Lyon was permitted to
| give his testimony.
! How long have you known Harry X
| Thaw?' asked Mr.. Delmas.
| Knew Thaw Long.
Ever since he was boy" replied Mr..
| Lyon.
81 hand you an envelope and ask you If
| you ever saw 1t before?'
Mr.. Delmas handed the witness a large
| envelope of heavy brown paper.
| II have seen this before" said the wit
ness; ut was once in my possession"
when did It come into your possession
Some time prior to April 1, 1906 l can't
| state the exact date"