Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-01-31


hearing Of this famous case. Until abruptly
called to q halt by order OF the court the
artists swarned everywhere about the
room, and in their eagerness to penetrate
the wells which most of the women in the
Thaw party never Eft from their faces
they would press their way as close as pos
shle to the subject OF the sketch. and seat
ed sometimes but few feet away would
ply their pencils with facility which lost
sight Of the single purpose Of drawing a,
likeness.
It seems to have been the purpose Of all
the artists regularly employed on the news
papers. and many more famous ones inn
ported into the case at tremendously
heavy. outlay to some of the papers, to
make Evelyn Nesbit Thaw as pretty as pos
sible in their sketches, and to treat her
prisoner husband in a manner precisely the
crosses yet to bear, but some of the news
paper sketches that have appeared of him
since his trial was begun would ordinarily
be considered punishment enough for any
mortal. Thaw is sensitive about the subject
and he has been visibly annoyed by the
holiness with which some of the artists
have sketched him at short range. His rel
atives have also been sketched from every
point Of the compass Justice Fitzgerald
had been tolerant In dealing with the SUBJ
5ect, but when at last he did call a halt he
put the ban on trrevocably.
No Half Measures.
This is characteristic of the man presid-
Ing at the Thaw trial. There is kindness
and tolerance in his every feature, but
when he feels that this tolerance is being
taken advantage of and imposed upon he
retalfates with no half measures. Thaw's
attorneys have found Justice Fitzgerald
man of quick sympathy, ready to make
every concession consonant with the law.
and willing to hear and judge with that big
sense of impartiality which should be the
guiding star of every man who assumes
the robes of a judge
During the long dull days of the struggle
to secure jury, Justice Fitzgerald has not
once shown the slightest trace of 'impa-
thence. He has listened to the many and
varied excuses offered by the panic-stricken
men called for service on the jury and has
judged them with the same kindness that
he would child. In every case of doubt
he has given the anxious talesman the
| benefit of it and has allowed him to de-
part in praise and thanksgiving.
The fairness with which Justice F1tz-
gerald has ruled on alb points of law so far
brought up In the case appears from the
fact that the record OF the hrst SIX days
shows only one, exception noted by the at
| torneys for the defense Clifford Hartridge.
| the young southerner, who is Thaw's great
| personal friend and leading counsel, and
| who rejoiced with the prisoner when jury
man Dennee. native of New Orleans, was
added to the trial panel on Tuesday, noted
an exception to Justice Fftzgerald's action
| in overruling challenge for cause entered
an opinion. Before he made the ruling JUS
| tice Fitzgerald himself took hand in ex-
| amining the talesman. The proposed juror
| told the justice he was sure he could lay
| aside his opinion in the face of the evil
dence.
THAT is all the law requires" ruled the
| justice.
Mr. Hartridge was not convinced, how
ever. and the exception was noted. Justice
Fitzgerald is expected to take an active
part in questioning the witnesses to be ex-
amined. When talesman has appeared
harriedN by the fast-fying questions of Mr..
Jerome or the searching interrogations of
Mr.. Hartridge, the judge has come into
| the breach and Strengthened matters out.
| He likes to get at the facts in as direct
| manner as possible. This is often done
| through the impartial questioning of the
presiding judge rather than by the biased
| interrogations of counsel representing
either the state or the defendant.
All Must Rise.
In throwing the cloak of dignity about
| the court in this state custom prescribes
| that when supreme court judge is TAX
| ing the bench at the beginning Of any
session of court every person in the court
! room shall rise. Each morning and each
Afternoon as Justice Fitzgerald's portly fig
ure appears in the doorway leading from
| his chambers there comes the sharp rap
| of court officer and the command to rise.
| Every one must obey, attorneys. jurors,
| defendant and every member of his fam
| lily. reporter was hard at work the first
| day of the trial and either did not hear
| the command to get up or else thought he
would be lost sight of in the general COM
| pliance with the order, and was quickly
| observed by bailiff and routed cut of
| his seat in short order.
Speaking Of Justice Fitzgerald, it Is in
| teresting to note that his salary, in COM
| mon with that Of other judges of the state
supreme court of New York, is no less
than s17, 500 year. The judges are elected
| by the people and their terms are fourteen
| years.
! records. In the first place, it is being enact
| ed before many empty benches despite the
| fact that there are thousands of curious
persons who would be willing to pay hand
| somely for the privilege of attending any
| one session and that there is a more wide
| spread interest in the proceedings than in
| any other case in many years. The gen.
| eral public thus far is being rigidly ex-
| Guided and it is the announced purpose of
| the court and the district attorneys Office
| to adhere strictly to the rule There are
| almost as many baliffs as spectators in the
| room.
Sketches Confscated.
The artists found this out yesterday when
/ they attempted to evade the order of JUS
tice Fitzgerald and make tiny sketches on
| small bits of paper. They would suddenly
| look up to find relentless pair of eyes
| gazing at their work ana would be con-
fronted by blue uniform and brass but
TONS The Inflated sketch would be con-
| fiscated.
| 1t is not expected that the court order
| will prevent sketches of the trial and the
| personages connected with it appearing in
| the papers But the artists will have to
| WELD their pencils and brushes in some
obscure corner Of the court room where
they may escape the vigilance of the min
ions of the law. The more likely plan to
| be adopted by the regular staff of artists
will be to sketch in their studios whatever
Impressions they can mentally form in the
| court room.
The camera folk were reunited early in
| the proceedings. One flash light man did
| hide behind pillar on the lower floor of
| the criminal courts building one evening
this week and secure a picture of the Thaw
| family as it was leaving the court room.
! The flash he set off startled Mrs. William
| Thaw violently and was an annoyance to
| every one in the party. The result was a
tightening of the police lines, which have
now been extended to include every en-
trance to the building. There is an inner
defense maintained by keeping policeman
| on every stairway leading to the main
floor. where the room in which Thaw is be-