Waterbury evening Democrat., 1907-02-11
Jldge fitzgerald Says He Will Al low Only Those Interested
 10 Attend ThaW Trial
BANKER LYON THERE
Called as the First WitnesS-.Jerome Entered an Objecllon--Deiense Wants Lyon to Indentify
 ThaW'S Will.

New York, Feb 1.-The opening of the fourth week of the Thaw trial to-day brought new order of things in the court room, and all women, other than the half dozen active newspaper writers who have fol lowed the case since the beginning, were barred by order of Justice Fitz- gerald. During the two days of last week when Evelyn Nesbit Thaw was on the witness stand New York wo- men crowded the court room, having in some manner solved the problem of getting past the stubborn-visaged bailiff at the door. This morning the women stormed the portals again, but in vain. In the belief that young Mrs Thaw was again to be the cen tral figure in the famous trial, the women were anxious to be within earshot of the final details of the in- tercsting life narrative of the pris- oner's wife.
 They were attired in all the gay plumage that gave the court room last week the appearance of some gala matinee performance. Their in- dignation knew no bounds when the court officers repulsed them with the statement that the courts order ex- cludei everyone except the women members of the working newspaper brigade. Many of those who had oc- cupied frcnt seats during last week were loath to believe that the order could possibly include them and they remained about the corridors for a long time in the hope that there might be some relaxation of the rules. They wore doomed to disappoint- ment. however, and at last reluctant ly left the building.
 As result of the order barring women there were several rows of vacanC seats when Justice Fitzgerald took his place on the bench and Harry Thaw called to the bar The prisoner walked to his place at the counscPs table without single friendly nod to greet him. No mem- Der of his family was in court.
 That tfe defense would proceed with the struggle to have Harry Thaw's will accepted in evidence, as testimony to his unsoundness of mind, was indicated by MT Delmas, who asked that J. D. Lyon be called as the first witness of the day.
 Mir Lyon was sworn and stated that he had lived in Pittsburg all his life and had been engaged in the banking business for more than quarter of a century He Is now connected with the Union National bank.
 You are acquainted with the de- fendant, Harry K. Thaw?" asked Mir Delmas.
 District Attorney Jerome objected. He protested against the defense pro- cccding with new witness while the examination of Mrs Evelyn Thaw re- mains uncomplsted.
 Mir Jerome said he thought the de- fense should offer some explanation of its purpose in interrupting the testimony of Mrs Thaw to introduce Mr Lyon as a witness.
 MT Delmas stated that when court had adjourned last Friday the will of the defendant was under discussion and had teen ruled out because of the insuff.ciency of the proof of the docun ent. It was now proposed, he said, to proceed with the further identification of the will.
 MT DeImas said he considered enough evidence had been introduced fin the shape of the testimony of an expert and of laymen who were wit nesses to the occurrence, to estab- fish prima facie case of unsoundness of mind. All he was attempting to do, he said. was to interrupt Mrs Thaw's testimony for the purpose of better satisfying the district attorney of the defendants unsoundness of mind s.t the time of the shooting. He thought that in doing this he was with the district attor- ney's wishes.
 MT DeImas asked that Mir Lyon, who rad been called from his busi- ness in Pittsburg. be allowed merely to identify an envelope and the pack age tthe will) it contained. Then he VtCldICu al tuc uibtfiCt dttoIncg OD- jected further he would defer for the time being the offer of the will in evidence
 MT Jerome. in arguing that his ob- jection should be sustained. discussed the rules of evidence which prevent ed the district attorney from contro- verting the truth of Mrs Thaw's testi- mony as to the story she told her husband. Judicially. Mir Jerome said. .he court could not say as to whether or not the story Mrs Thaw told her husband had an effect on his mind.
 'T must object to this line of ar gument by the district attorney" in- terrupted Mir Delmas. He is ad- dressing himself to facts not in evi- teuce-'
 Justice Fitzgerald said that all the by Mrs Thaw are on the record practically by consent. but now tae judgment of the court was Invoked The objection to the intro iuetio1 of the documents on Friday vas a technical one. but 1t was sound ! There vas witness on the stand Ehen court adjourned whose testi- nony had not been finished
 "It seems to me-" said the court. l that either that vitnes should Dc |