Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-01-28


with young Mrs. Thaw.
she IS not witness in the case vi
tally connected with It," said he, Nnd
can see no objection to the presence<of any
never said word about Miss Mackenzie.
know few Of the women in the party
nave never spoken to the Countess of Var
mouth. and have simply been formally pre-
sented to Mrs. Carnegie. My business is
not with them, but to protect my client"
This being an idle day in the trial, those
interested in the case had to find what ex-
element they could in speculation and dis
cussion of the widely differing theories ad-
vanced.
Thaw was in good spirits yesterday
morning until he read the Sunday papers.
the contents of which, so far as they in
dicated that there was dissension among
members of his family or counsel dis
pleased him greatly.
When he arose yesterday morning Thaw
was cheerful and reiterated his confidence
in an acquittal. To his keepers, with whom
he chatted, he expressed his satisfaction
with the jurors already chosen.
Later, when the morning papers had been
brought to him, his mood changed, and
when the hour for divine worship arrived
he for the first time in several months de-
clined the usual invitation to attend.
His Wife as a Witness.
The American announced yesterday morn
Ing that District Attorney Jerome intends to
call Evelyn Nesbit Thaw as the first wit
ness against her husband. She was a wit
ness before the grand jury which indicted
Thaw, and Mr.. Jerome, according to report,
believes that under the statute applied to
the examination of married women, and I'M
der the decisions of the court Of appeals, he
has legal right to call Mrs. Thaw as a
witness and to compel her to answer all
questions that may be put to her, except
such as include confidential communications
made to her by her husband.
n NJ hn CIV for to
cording to those who are busy discussing
the case, is that 1t is believed in the dis
trict attorneys office the plan would COM
pei the defense in her cross-examination
to establish the justification or innocence
Of Thaw
Mrs. Thaw was an eyewitness of the
shooting, and she may be asked to give all
the details of the actual firing Of the re-
volver as she saw it.
She may be compelled to tell where she
sat and whether or not she had any knowl-
edge of what her husband intended doing.
within the restriction of confidential COM
munications from her husband. She may
be asked what, If anything, she did to re-
strain him from the act, if she did have
any knowledge of his intentions.
The district attorney may ask what she
meant by the statement made to her hus-
band at the elevator in the roof garden
in the presence Of Policeman Debs, to this
effect:
Harry, 1 didn't think you would do it
that way"
Mrs. Thaw may be asked to explain how
she left the garden after the shooting and
friend, Mae Mackenzie, in West 47th street.
to Fhich place she started when she gave
her husband the last message that night:
Il will stick by you, Harry
Thaw to the actual circumstances of the
shooting, and those which preceded it, in
the restaurant, 1t is believed that the cross
examination of Mrs. Thaw may be so re-
stricted that no suggestion of motive
will be allowed to creep In.
Theorizing on Paresis.
A theory widely discussed is that Harry
Thaw has incipient paresis, and that this
may figure in the defense. When this story
was called to the attention Of Clifford w.
Hartridge, his counsel, he refused to dis
cuss it. He would only say: IAN we are
trying to do is to hurry the trial to get him
out Of JAIL
If the defense tries to show that the
killing of White was done while Thaw was
testimony that he had recently shown
symptoms Of paresis, it was pointed out,
could be used to show that his mind might
give way under stress Of great emotion.
Various stories have been told tending
to show that Thaw nursed a bitter enmity
for the architect. 1t was suggested that
If his mind was at all abnormal last June
something that seemed to him an additional
cause Of hatred might have made him in
capable Of understanding the quality Of
his act thus bringing him within the ex-
ception allowed by the law.
1t is said the defense will make every eff
fort to hasten the trial before Thaw shows
any evidence Of mental weakness. The
long rest he has had has allowed him to
reach an even balance mentally. but the
strain of a long trial, 1t is declared, might
cause him to show signs of affliction.