Evening journal., 1907-02-14
NO CONTAGION IN
EVELYN'S STORY
Will Have Effect Rather
Of Making Better
Women

discussing the Thaw trial. editorially,
says:
It is dihicult to determine by what
method Of argument-legal. moral or
under dictionary defnition--one can
reach the conclusion that Evelyn
Thaw's evidence given in the trial OF
her husband for murder is "aewd" or
"lascivious." Even though no less an
authority on etymology than the
President Of the United states so char
acterizes it, and such eminent legal
beacon as Henry L. stimson. United
States district attorney. joins Mr.
Roosevelt in his conclusion we shall
be obliged to dispute 1T.
If the girls story is true. it Is the
tragedy OF a life scarcely begun: the
tale Of horrid wrong done a child whose
proper place was at her mothers knee
If the story is untrue, it is notwith-
standing, a fable which parents should
read. TO the end that in the up-brlnging
OF their children they may be more
careful to guard from danger and shield
from temptation.
So far from being 'qewd" or lasciv-
ious" Evelyn Thaw's testimony was
appalling. The details Of the wrongs
which she alleged she told to the man
who married her had been committed
upon her are not such as would. i'm the
minds OF any one, young or old. excite
desire TO follow In her footsteps OF
repeat the experiences Of the man she
says wronged her.
Yet We cannot see wherein the giving
Of the full testimony. verbatim ct
literatum. might not prove Of vast
benefit The story, which, when re-
peated before an, entire courtroom by n
| slender girl. possibly trained to the re-
cital. perhaps rehearsed as to gesture
and infection, plainly made up for the
part caused am onrush OF emotion and
tears on the part OF everybody in hear
ing. cannot, with any degree OF reason
or propriety. or with due regard to hui
manity be called "lewd" and "lasciv-
ious."
To instance a specific case: Inspector
George AlcClusky. OF the Police De-
partment. was so wrought upon that he
hastily left the court room. He said
he did so because he did not care @
exhibit himself In tears TO the publiC
as represented at the trial. McClusky
is essentially a man of the world. anC
by profession not apt TO be overcome
lby the finer sensibilities. The tale thai
would bring tears from McCluslSy IS q
veritable Noses rod OF a story. whether
romance or reality, and would bring
water from q rock.
But it would not be lewd OF lasciv'
ious.
II Evelyn Nesbit's testimony werl
printed in pamphlet form and given t.
every mother and father in the Unite'
States. and by them read 70 such chill
dren as they might have Of the az
Of eighteen years and over, IL woul
be better than many sermons. The ex
i ample OF Evelyn Nesbit, instead O
being infectious or contagious. woul
be prophylactic; It would not conduc
to mental and moral disease; It woul
prevent it: II would not incite to evl
practice: it would fix virtue and estab
/ lish a propriety in life and an uprigh
method of living,
The papers which go to the homes il
this city should. by all means. be per
mitted and encouraged to print tina
soul compelling testimony. No bar
. should be set up between the publ
and the fun recital OF what goes on Il
Judge Fitzgerald's court. No Fedora
censorship should intervene.
: The dictionary definition Of 'lasciv
ious," in the sense employed by Presi
dent Roosevelt and District Attorne
Stimson, is: THAT which has a ten
, dency to incite lust" The dchnitio
4 Of "lewd" in this connection is identi
Y cal. There is nothing in the stor
Z which can incite lust. There is every
! thing in II, when read aright-and fe1
are so degenerate as TO read it wron
that will promote purity of life.
In this connection we will once NOR
r assert a belief in humanity which.
does not appear, appeals to some !
office. We believe that nineteen me
n out Of every twenty are honest up
! right and sincere. We believe that 90
e women out Of every 9O1 are vlrtuou
s pure In heart and chaste. A readin
Of this passage in metropolitan lii
would raise the percentage.
Z Humanity is not to be injured by lis
L tening to the story Of a wrong unbe
n lievable; a wrong which attacks I'll
r foundation Of society; wrong whic
T. is so diabolical that killing even in col
o blood seems in comparison a ligl
4 punishment
This story which Evelyn Nesbit tol
the jury may or may not have bee
true, as has been pointed out; she sin
x ply testified in detail to what she to
h the man who wished to marry her an
j. subsequently did so. Again we asse
e that whether this story were truth
1t fabrication. it is not a tale that can
ie described as "lewd" or "lascivious."
= Is a tale infinitely pitiful; a tale TIL
" viii make sons and daughters WI
n. have arrived at the age Of understand
g ing better men and women by its rea'
II ing.