Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1907-02-11

of the fourth week of the Thaw trial
brought a new order of things In the
court room, and all women other
than half a dozen active newspaper
writer's, who have followed the case
since the beginning, were barred by
order of Justice Fitzgerald. AS re.
suit there were several rows of va
cant seats, when Thaw was called ia
the bar.
The prisoner walked to his seat at
his counsel's table without a single
friendly nod to greet him. No MEM
ber of his family was in court That
the defense would proceed with the
struggle to have Thaw's will accept
ed In evidence, as testimony to show
his unsoundness of mind, was indi-
Gated by Delmas, who asked that j.
ID. Lyon be called as the first wit
ness.
Lyon testified that he has been en-
gagged In the banking business for
quarter of a century and is now con-
nected with the Union National bank.
Jerome objected to the defense
proceeding with the new witness
| while the examination of Mrs. Thaw
was not complete. He thought that
the defense should offer some expla-
Mrs. Thaw's testimony. Delmas stated
| that he considered that enough evil
| dence had been introduced to es-
tablish a prima facie case of un-
| soundness of mind and he interrupt
ed Mrs. Thaw's testimony to better
| satisfy the district attorney of this
unsoundness.
Lyon Identified the Will:
Delmas asked that Lyon merely be
| allowed to identify the envelope and
package (wilD 1t contained. Jerome
hnally Withdrew his objection and
the witness identified the package az
| having been in his possession from
some time near April 1, 1906. until
| the latter part of November, 1906
Attorney j. b. Gleason, who has
| had charge of Thaw's papers since
the tragedy, was the next witness.
| He said the envelope containing the
will was in his possession since De-
| cember IL. 1906, when he received
1t by mail from Pittsburg. Abso-
lutely no change had been made in
the document since then.
Mrs. Thaw's Note Produced.
| Mrs. Thaw was then recalled.
| Delmas asked Jerome to produce the
note which Mrs. Thaw passed to her
husband at the Cafe Martin the night
of the tragedy. Jerome sent for the
note and offered no objection to its
being introduced in evidence. Del
mas read 1t as follows:
THE b was here minute ago
but went out again"
Mrs. Thaw said D." meant
"blackguard." and referred to Stan
ford White.
Judge Acts Arbitrarily.
Mrs. Thaw was asked If she ever
knew of her husband carrying a pis-
tol. She replied she knew of 1t some
time after Christmas eve, 1903 bu
never knew of his carrying a pisto
anywhere except i'm New York
Jerome objected to several questions
asked by Delmas. and in each in
, stance Justice Fitzgerald sustained
the objection.
Finally Delmas asked If he was tC
understand that the courts rulings
on specific questions were to indicat,
that no further questions along tbs
line of conversation between the wit
ness and defendant were to be al.
lowed.
the matter as it desires" said the
! Judge.
Delmas then changed the nature ot
his questions, but Jerome still OBJ
jected, on the broad ground tina
some alienist should show Harry
Thaw was of unsound mind at tht
time of the occurrences covered by
the questions of the counsel, and tina
the stories told him might have af
fected his mind in the way counse
desired to indicate. The judge sus
tanned all objections.
De.mas then announced that as
the courts rulings prevented him
, from going into these matters he.
cause of lack of preliminary founda-
tion he would ask leave to withdraw
witness for time being and proceel
along other lines. Jerome agreed I,
, the temporary withdrawal and a re
cess was taken. AS the courts rul
, ings are all based upon the judge
right to use his discretion as to tn,