Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1907-02-11
New Order Also
Excludes All But
Six Reporters
JEROME WINS POINT
District Attorneys Objections
Sustained Defendants
Will Introduced.

Of the fourth week of the Thaw trial
| today brought new order of things
in the court room and all women, 9TH
er than half dozen active newspaper
writer's, who have followed the case
since the beginning were barred by
order of Justice Fitzgerald.
Family Not in Court.
AS result there were several rows
of vacant seats when Thaw was called
to the bar The prisoner walked to
his seat at the counsel table without
a single friendly nod to greet him. No
member of his family was in court.
Banker First Witness.
That the defense would proceed
with the struggle to have Thaw's will
accepted in evidence as testimony tC
show the unsoundness of his mind was
indicated by Attorney Delmas, who
asked that ]. D. Lyon be called as the
first witness Lyon testified that he
had been engaged in the banking bust
ness for quarter Of century and
was now connected with the Union
| National Bank.
Objected to New Witness.
District Attorney Jerome objected
to the defense proceeding with the
new witness while the examination Of
Mrs. Thaw was not yet completed
He thought the defense should Offer
some explanation for its purpose in
interrupting Mrs. Thaw's testimony
Unsoundness Of Mind Established.
Counsel Delmas stated that he con
sidered enough evidence had been In.
troduced to establish a prima facie
case of the unsoundness of Thaw's
lmind and he interrupted Mrs. Thaw's
Testimony to better satisfy the dis
trict attorney of this unsoundness.
Will Introduced in Evidence.
Delmas asked that Lyon merely be
alowed to identify the envelope and
the package wild it contained
Jerome finally withdrew his objection
and the witness, identified the pack
age as having been in his possession
from sometime near April /, 1906, un
til 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 that the envelope containing
the will had been in his possession
since December If, 1906, when he re
ceived it by mail from Pittsburg. He
said that absolutely no change had
been made in the document since
then.
Mrs. Thaw Recalled.
Mrs. Thaw was then recalled to the
stand. Attorney Delmas again asked
Jerome to produce the note which
Mrs. Thaw had passed her husband at
the Cafe Martin the night of the trag
edy. Jerome sent for the note and
offered no objections to its being in
troduced in evidence. Counsel Del
mas read it as follows.
"The B was here minute ago
but went out again"
Mrs Thaw said that "B---' meant
"Blackguard" and referred to Stan
ford White.
Said ThaW Went Armed.
Mrs. Thaw was asked if she evel
knew of her husband carrying pls
tol She replied that she had known
of it for some time after Christmas
eve. 1903 but that she never knew OF
him carrying a pistol anywhere In
New York.
Jeromes Objections Sustained.
Jerome objected to the several
questions asked by Attorney Delmas
and in each instance Justice Fitzger
aid sustained the objection Finally
Attorney Delmas asked If he was tc
understand that the courts rulings
on specific questions was to indicate
that no further questions along thai
line of conversation between the wit
ness and the defendant were to be
allowed
"The court has gone as fully intt
1 the matter as it Desires said the
Judge.
Attorney Delmas changed the ma
ture of his questions but jerome still
objected on the ground that the de
tense should show that Harry TnaV
was of unsound mind at the time
of the occurrences covered by TN
questions of his counsel and not tina
the stories told him might have af
fected his mind in the way his coun
sci desired to indicate. Judge Fitz
gerald sustained all the objections.
Mrs. Thaw Taken OF Stand.
J, Attorney Delmas then announced
that as the courts rulings prevented
him from going into these matters be
cause of the lack of a preliminar.
foundation he would ask leave t.
withdraw the witness for the time be
ing and proceed along other lines.
District Attorney Jerome agreed tt
the temporary withdrawal of Mrs
Thaw and recess was taken. Al
the courts rulings are all based upoi
, the Judges right to use his discretion
as to the order in which proof mus
be offered and does not relate to tn
subject matter of the question, i tn
defense is able to make a prima faci
case of mental unsoundness at tn
time of the shooting or prior thereto