The Montgomery advertiser., 1907-02-12

New York, Feb. 1.-The open inr of the fourth week Of the trial brought a new order Q, things in the court room ana all women. other than the half dozen ac- s tive newspaper writers. who have fol- lowed the case since the beginning, were barred by order of Judge Fitz- puring the two days of last week. when Evelyn Nesbit Thaw was on the witness stand New York women crowded the court room. having ID eoYne manner solved the problem of get tinr past the bailiff at the door This mornIng the women stQrmed the DOT taIs again, but In vain. In the belief that young Mrs. Thaw was again to De the central figure in the famous trial, the women were anxious to near the final details of the life-narrative or the prisoners wife.
 Their indignation Knew no oounas when the court officers confronted them with the statement that the courts or der excluded every one except such as were working newspaper reporters. Many of those who mad occupies Iront eeats during last week were led to oe- Iiave that the order could not possibly Include them, and they remained about the corridors for a long time In the hope that there might be some reiaxa- tion of the rules. They were doomed Go disappointment, however, and at last reluctantly left the building. Ae a result of the order barring all women. there were several rows of vacant seats when Justice Fitzgerald took his place on the bench and Harry Lnaw was called to the bar. The pris- onsr walked to his place at the counsel table without a single friendly nod to greet him. No member or ms Iainily wRe in court.
 Fight to Get in win.
 shat the defense would proceed with xffe struggle to have Harry Thaws will accepted in evidence. as testimony Co his unsoundness' of mind, was indi- cated by Mr, Delmas. who asked tnaI !. 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 or century. He is now connected with the Union National Bank.
 You are acquainted with the de- fendant, Hary K Thawr asked Mfr pelmas. Here MT. Jerome objected He protested against the defense pro- ceading with a new witness while the examination of Mrs. Evelyn Thaw re- mAined incomplete
 fenss should offer some explanation of It's purpose in interrupting the testi- rnony of Mrs. Thaw to introduce MT. Lyon as a witness. Mr. Delmas stated that when court adjourned last Friday. the will of the defendant was under discussion ana had been ruled out because Of the in- sufaciency of the proof of the docu- xnent It was now proposed. he said. to proceed with the further identince- fion of the will.
 MT. Delmas said he considered that enough evidence had heen introduced fn the shape of the testimony of an expert and of laymen who were wit uesees to the occurrence to establish a prima facie case of unsoundness of mind All he was attempting to do, he said was to interrupt Mrs. Thaw' testimony for the purpose Of better satisfying the District Attorney of the defendants unsoundness or mlno at the time of the shooting.
 Mir Delmas asked that MT. Lyon be allowed merely to identify an envelope and the package (the wilD 1t con tained. Then, he declared, If the Dis trict Attorney objected further, he would defer for the time being the offer of the will in evidence.
 Mr. Jerome, in his argument. went into the discussion of the rules of the ayiderce, which prevented him from contsoverting the truth of Mrs. Thaw testimony as to the story she told her husband. Judicially, MT. Jerome said, the could could not say as to whether or not the story Mrs Thaw told her husband had any effect on his mind.
 T must object to this line of argu- ulent by the District Attorney inter- rupted MT. Delmas. ''Ia Is addressing himself to facts not in evidence"
 Justice Fitzgerald stated that all the statements by Mrs. Thaw are on the record practically by consent, but now the Judgment of the court was invoked The objection to the introduction of the documents on Friday was techni' cal one, but 1t was sound. There was a witness on the stand when court ad- 3ournsd, whose testimony has not beer finished,
 Tt seems to me-" said the court 'that either that witness should be fin ished with, or consent should be giyer to proceed with this witness"
 Banker Identified Envelope,
 MT. Jerome, after a short whispered conference with MT. Delmas, withdrew his objection, and MT. Lyon was per mitted to give his testimony.
 How long have you known Harry K. Thaw2 asked MT. Delmas.
 Ever since he was boy replied MT. Lyon.
 T hano you an envelope and asl you If you ever saw 1t before?"
 MT. Delmas handed the witness large envelope of heavy brown paper
 T have seen this before." said thu witness; 1t was in my possession"
 When did 1t come into your posses sionT'
 some time near April l. 1906. can't state the exact date.
 ~Was the envelope sealed, and di fl apparently contain a package?"
 Tt was sealed and apparently con tained a package"
 How did you receive the pckage?"
 From the hands of Harrq K. Thaw.
 Mir. Lyon said he was familiar wit
 
 Q ARE YOUR