The sun., 1907-04-12


Mr. Smith hit harder az the oralnstorIn
theory than that Of any otner witness, ne
IL Sas who said that Thaw talked TO him
Of the advantage Of buying copper stocks,
Of the comforts and disoomfortS of sea
travel. and offered to introduce him TO
"buxom brunette
II took Moynihan some time 70 wade
through all the Smith testimony. When
he Slad finished the jury wanted TO near
what the various doormen az The Tender
loin police station had testified 70 about
Thaw's manner and statements. Ihat
testimony. therefore. was also read. lnclud-
ing that of the policeman who said that
Thaw looked 20 him like "dopey man
or like a man vino had been drinking
good deal ,,
There was a pause, after which Juror Will
bur +. Steele leaned over from his place
in the back row and spoke 20 Foreman
Smith The foreman then said the jury
vented 70 hear the testimony Of Doorman
Lynch. who had said that l'haw had told
him that he heard the voices "t young
girls who he thought were locked up IN
the station house. -
The testimony or Evelyn Nesbit Thaw
relating - what happened on the roof
was next requested and read as far as the
passage where she said of her husband,
His manner was natural and composed
and so was his language Thomas
Met aleb's evidence regarding the scene
on the roof was also read.
Bv this time most Of those who heard
the various requests of the jurors had per-
suaded themselves that the lllrN, IN view
of the absolute irrec. TC.labillty CT the
evidence of the alienist~ for both sides,
had practically determined 10 throw ai'
the alienist testimony overheard, as tht
Court had charged them they might, anu
decide Thaw's sanity or insanlty & the basis
of his own acts AMI statements ar the Time
ne shot Stan''rd White.
This view ECt biz Ci o itlt from the next
request, which was Tor that portion oi
Justice FitzGeTald's charge thar related
TO the evidence Cf Drs. Evans and Wagner
and the sub iect of expert evidence generally.
In his charge Justice Fit2tierald had tcld
the Jurors that the evidence OF eN.
pert- regarding what the defendant had
done and said in their hearing after the
homicide was competent as bearing on the
question of his mental state when the homl,
eide was committed il these things entered
into the opinion formed by the expert, ne
warned them, however, that they were not
forced to accept an expert opinion or 10
give il the weight they would give evidence
Of facts bv lay witnesses, unless It was
taken in conjunction yith other testimony
This part OF the charge having been
read, Foreman Smith announced that that
was all the jury wished TO hear at that time,
and the twelve we're once more sent from
the court room after having been there two
hours and a half.
A recess was ordered When Thaw rose
to leave the room he stopped by his vile
and chatted with them for a minute OF 40
before going back TO the prison pen on the
first mezzanine floor.
Jury Hack for More Enlightenment.
The Jury made a second trip to the court
room after il had had luncheon, which was
sent in This time Justice FitZGerald was
told az 3 O'Clock that the jurors wished
further enlightenment. II was about ten
minutes later when Thaw faced his judges
4 - -. q. NInaaNa "a
before This time Evelyn Thaw came in
alone, some minutes before Mrs. william
Thaw arrived, but when the older woman
appeared the defendants wife rose ana
bowed and smiled and remained standing
until the head Of the family had taken her
seat
II appeared that the jury required 10 hear
once more that part Of the Justices charge
that related TO the examinations OF ThaW
made by DIR. Evans and DIR. wagner. as
we'll as what the Court said on the general
subject Of expert testimony and witnesses
This accordingly was read TO them by the
court stenoGrapher This made three hear
inGs Of this particular part Of the Courts
charge Before he had it read Justice
FitzCerald said:
-The Jurors desire to have this read 10
them in the jury room. preferably, but
am compelled TO deny that part OF their re-
quest.
DeIEnass address to the jury read aloud.
This request Justice FitzGerald promptly
denied, saying that what Mr. Delmss had
said was not evidence. The jury. was
entitled TO have the testimony read in its
hearing but nothing more With that
the Jury retired, followed shortly by Ihaw.
That finished the court room doings for
the afternoon. Those familiar with muir
der trials in this county said that no jury
had ever wanted 50 much evidence read
to IL.
crowd Bothered Mrs. Harry Thaw.
Everybody at all interested in the case,
not to mention several thousand who had
no interest whatever in IL beyond idle curl-
osity, kept close TO the building all day.
Mr. jerome and MIR. Garvan had their
luncheon at a restaurant near by. Justice
FitzGerald was gone less than an hour in
the recess between the appearances OF the
jury. All the Thaws save Mrs. Harry
Thaw went uptown in cabs TO the Hotel
Lorraine but they didn't stay long.
When Mrs Harry Thaw came out Of the
court building in company with Lawyer
O'Reilly TO go TO Franklin street restau1
rant not 100 yards away she found crowd
of two or three thousand awaiting her
appearance About one-third OF the throng
were women. but they weren't gentlewomen.
In fact, they were the ones who fought
hardest 10 get near the prisoners wife,
apparently with the notion that If they could
get within reach they might get some sort
Of souvenir in the shape of a fragment Of
Evelyn Thaw's dross.
OReily and the little woman made a
auick run for il with the crowd pressing
in close on every side. handful OF re-
porters who stood by did what they could
TO keep the mob of and between them they
got young Mrs. Thaw TO the restaurant
before she had been hustled very badly.
Once there Lawyer OReilly telephoned
for policemen. who escorted them back
to the building after they had eaten lunch
con.
All day long the crowd hung about the
building blocking the cross streets on
either side. until Inspector McClusky was
forced to call out more reserves, including
several mounted men, with orders to keep
The crowd moving and the streets un-
blocked They cleared things up a bit,
hut old timers az the court building said
that they had never seen so large a crowd
hanging about TO learn a murder trial YER
dot
The Thaw relatives spent the afternoon
for the most part in the witness room
adjoining the court room. but both Mrs.
William Thaw and her daughters put in
some time with the defendant in the prison
pen, while Evelyn Thaw spent nearly all
her time there, except when the jury was
in court. Justice FitzGerald spent the
afternoon in his chambers just of the court
room In the afternoon Justice Blanchard
paid him a visit, and the two we're closeted
for q long time
All the Thaw LAWYERS we're in court in