Evening star., 1908-01-18
STORY MAY BE PUBLIC
JUSTICE TO PASS ON EvELYN'S
TESTIMONY MONDAY.
Special Dispatch to The Star.

Special Dispatch to The Star
NEW YORK. January ls.-Even though
couIsel for both sides say that the tes-
timony of Evelyn Nesbit Thaw should
no be heard in private, it is no certainty
today that Justice Bowling will issue the
asked-for order Monday.
He has carefully examined the decisions
called to his attention by District Attor-
ney Jerome, but has yet to be convinced
that anything will be gained by a star
chamber investigation.
Had the district attorney tried to keep
the story of the younger Mrs. Thaw from
the public at the original trial he would
now get every encouragement from JUS
|; tice Dowling, but his plea for secrecy
4 this time Is not. received with the utmost
|, favor. &,
Justice Downing will not indicate in any
way until Monday what action he will
take. From the bench he has said he did
mot think the application came in time
and also cited to the attorneys sections
of the code of criminal procedure for
examination as to whether the validity
Of the trial might. not be questioned
should the public and all reporters be ex-
clUded from the courtroom.
Thaw's Mother Testifies.
Mrs. William Thaw's testimony yester-
day afternoon closely followed that of
the last trial. beginning with the return
,of her son to his Pittsburg home in No
vember. 1909. after Evelyn Nesbit had
told him her story in Paris that summer.
Usually Harry came home buoyant and
joyously." she declared, but this time
there was not a smile"
!. Mrs. Thaw said she asked her son what
was the matter.
II can't tell you. mother" he replied.
1T never can tell you"
The mother repeated what she had re-
lated on the stand last year as to her
sons crying and moaning in the night: OF
his frequent playing at the piano, when
the music would begin loud and then die
away until finally it would stop. Thaw
sitting a long while at the instrument
with head cast down.
I Mrs Thaw said she frequently asked
her son what was worrying him, ana
finally he declared a beautiful young girl
he was interested in had had terrible
experience in New York. The mother told
him he should not worry about such mat
ters: that the girl had mother who
should care for her. Thaw replied that
the girls mother had not looked after her
and that was why it had all happened.
Thaw Broke Down and Cried.
Mrs Thaw told of the day she and her
son went to Thanksgiving day service at
the Presbyterian Church in Pittsburg,
when Thaw broke down and cried while
the choir was singing KiplnS's ''Reces-
sional.
Just to Think Thaw sobbed ''if it
hadn't happened she might have been
here with us today.
Mrs, Thaw described Harry's crying as
perfect shower of tears
Mrs. Thaw told of her consent early in
1905 to her sons marriage with Miss Mes
bit. with the proviso that the girls past
history never was to be mentioned again.
The marriage was performed at Pttsburg
in April. 1905. and the two went west on
their wedding trip.
Harry in all his talk never suggested
at any time that it had been the girls
fault. SNid Mrs. Thaw.
The examination was temporarily sus-
pended here. Mrs. Thaw had to be assist
ed from the witness chair.
Evelyn's Story Interrupted.
Evelyn Nesbit Thaw then was called to
the stand. She said she was the wife of
the defendant and was born Christmas
day, 1884. Her father died when she was
ten years old.
District Attorney Jerome objected to
y
asked the witness as to her early history,
and was SUSTAINED, in many of them.
The questions ruled out usua1ly had to
do with how long she lived in places and
her age when the moves were made.
Mr.. Jerome. said he did not want the
time OF the jury taken up this year as it
was the last time with stories about pet
cats and other irrevelant stuff
Only about one question In five was al
lowed to be answered by the court. the
others being ruled out on the ground of
imma teriality.
AS District Attorney Jerome continued
to interrupt the witness with objections,
Justice DowlNg announced he would al
low only such questions as tended to give
an outline Of Mrs. Thaw's early life as
tending to establish her crrdihility. He
ruled however. that the acts and declara-
tions of the defendant to his wife were
competent testimony on general principles
In any murder case.
1t was decided that further consideration
should be given to the matter and no de-
cision announced until the next sitting of
court.