The morning journal-courier., 1908-01-18
EVELYN'S STORY MAY BE PRIVATE Prosecution and Defense in Thaw Trial Move That Public and Reporters
 be Excluded. COURTS DECISION MONDAY Jerome All Deference Towards Thaw's Mother on the Stand, But Tears
 the Wife's Testimony
 to Shreds.
COURTS DECISION MONDAY

New York, Jan. IT, "A series of surprises brought the Thaw trial near a crisis to-day. Both Evelyn Thaw. the wife, and Mrs William Thaw, the mother of the defendant. were on the witness stand, and just as the former was about to relate anew the story of her life as she told it to Thaw in Paris in 1903. District Attorney Je- rome arose and suggested that in the interest of public morals all persons save those immediately interested in the case be excluded from the court room during the recital of what he termed "a horrible tale" The motion included the representatives of news papers as well as the public general ly. Attorney Littleton, of the de- fense. joined in it to shield the young woman from hundreds of curious eyes, and said that soI far as the con stitutional right to an open hearing was concerned, he was ready to waive the point in any ironclad manner the court might suggest Proceedings were suspended until next Monday morning when Justice Bowling, who is presid ing. will announce his decision,
 The district attorneys suggestion was a distinct surprise, and called forth remark by Justice Bowling that it would have come with greater force at the first trial
 When MT. Jerome arose it was gen erally believed that he was about to combat the admssibility of young Mrs. Thaw's testimony on the ground that 1t could not have had a very ser ious effect upon the mind of the man who subsequently, become her hus- band inasmuch as the homicide did not occur until three years thereaft- CT MT. Jerome had previously ob- jected to Mrs Thaws detailing con- versation she had with Thaw three years prior to the tragedy, but Justice Bowling ruled that the declsAations of the defendant were admissible on general principles and without any reference to the Wood case, under which the evidence in dispute was aci4 mitted last year, and MT. Jerome had been expected to ask construction Of this year
 f q will not except your honor's rul. ing said the district attorney as ht took his seat after his objection, flor the state has no power of appeal"
 Then Mir. Jerome attacked the wit ness in another way and by standing immediately in front of her and ob jecting practically every question which MT. Littleton asked in his pre- liminary examination as to. her early history, cut her recital from the effect
 i've narrative form 1t assumed last yea,
 into hundred fragments. Many 0
 the objections, based upon irrelevanc, and immateriality were sustained by the court. When these failed. the pros. ecutor was ready with others until the testimony was fairly torn to shreds and had lost the many little touches Of interest which were a part of tn, recital last year when no objections l, were offered. Mir. Jerome said his ob. :. jections were intended to bar all storie:
 about pet cats and a lot of other stuf
 which had no place in the trial.
 The day however, was one of goo,
 progress for the defense. The eide
 Mrs. Thaw, pale and weak from he recent Illness, was assisted to the wit.
 ness chair and repeated large part O the testimony she gave a year ago
 Her appearance and the sincerity o her evidence as she told of her sonl , strange conduct after meeting Evelyr Nesbit and hearing her story. had { marked effect on all who listened. Or account of her weak condition her ex , animation was interrupted by consen to be resumed some time next weel
 wien she will tell of Thaws infancy , District Attorney Jerome's manne . while she was on the stand was al F deferenoe and it was his suggestio
 which led to the respite in her ordea F But when the young wife took tn, stand the change was marked Jerom , slared at her from the very first an,
 his objections were fairly shouted int , her ears. Well accustomed to cour I usage from her former experience tn i young woman waited patiently for Q ruling as to each objection. When the Q were sustained she was silent; whe
 overruled she was ready with re . sponse
 2 Effective testimony was given at th
 morning session by Miss Alice ( :, Fletcher. of Washington. D C.. long friend of the Thaws and a freouer
 visitor at their home She said st
 had known Harry Thaw for 2e year 2 and he had always impressed her 8 q irrational. Miss Catherine O'Neill. WI
 nursed Thaw as a boy, from his thir
 to his tenth year, added her eviden,
 to that already adduced as to errat 6 conduct and tendencies of the defend
 ant.
 Two doormen at the police static f where Thaw was confined the night (
 the tragedy repeated their testimon
 of last year about Thaw's irration; s appearance and his complaining ', noises that did not exist
 . The trial may be concluded in tW
 weeks more.