The News-Herald. [volume] (Hillsboro, Highland Co., Ohio) 1886-1973, 1908-01-23
SURPRISE COMES
IN THAW'S TRIAL
JEROME WANTS ROOM CLEARED
FOR EVELYN NEsBlT's "HoR.
RIBlE STORY.
psfsnss Very wilIing-Youne wife
Begins Testimony. But Prosecutor
, Tears II to Pieoes-Pr,soner's
. Mother Takes Witness Stand.

New York, Jan. IA series of sur
prises brought the Thaw trial near
crisis Friday. Both Evelyn Thaw. the
wife, and Mrs. William Thaw, the
mother of the defendant, were on the
witness stahd, and just AZ the former
was about to relate anew the story OF
her life. as she told it to Thaw in
Paris in 1903. District Attorney Jer.
ONE arose and suggested that In the
interest of public morals all persons
save those Immediately interested In
the case should be excluded from the
courtroom during the recital Of what
he termed "a horrible tale"
The motion included the representa-.
tives of newspapers as we'll as the
public generally. Attorney Martin W.
Littleton of the defense joined in II
to shield the young woman from hun
dreds of curious eyes, and said that
so far as the constitutional right to an
open hearing was concerned he was
ready to waive that point in any iron.
clad manner the court might suggest.
Proceedings were suspended unit
next Monday morning, when Justice
Dowlng who is presiding, will an
nounce his decision.
Suggestion Is Surprise.
The district attorneys suggestion
was a distinct surprise and called
for the remark from Justice Dow
ling that 1t would have come with
greater force at the first hearing Ui
the case. When Mr.. Jerome arose 1t
was generally beloved that he was
about to contend against the admis-
sibility of young Mrs. Thaws testi-
mony on the ground that 1t could not
have had very serious effect upon
the mind Of the man who subse-
quently became her husband, mas
much as the homicide did not occur
until three years thereafter.
Mr.. Jerome had previously objected
to Mrs. Thaw detailing conversations
she had with Thaw three years prior
to the tragedy, but Justice Bowling
ruled that the declarations OF the de-
fendant were admissible on general
principles and without any reference
to the Wood case, under which the
evidence In dispute was admitted last
year, and which Mr.. Jerome had been
expected to ask a construction of this
year.
Il will not excert 10 your honors
ruling" said the district attorney as
he took his seat after his objection.
for the state has no power OF ap-
peal"
Tears Evelyn's Story to Pieces.
Then Mr.. Jerome attacked the wit
ness in another way and, by standing
Immediately in front Of her and OBJ
jecting to practically every question
which Mr.. Littleton asked in his pre-.
liminary examination as to her early
history, cut the young womans re-
cital from the effective narrative form
It assumed last year into a hundred
fragments. Many OF the objections,
based upon irrelevahcy and immateri.
ality, were sustained by the court
When these failed the prosecutor
was every ready with others until the
testimony fairly was torn into shreds
and had lost entire.y The many little
touches OF human interest which were
q part Of the narration last year when
no objections were offered. Mr.. Jer-
ONE said his objections were intended
to cut out all stories about pet cats
land a lot of other stun" which had
no place In the trial.
Elder Mrs. Thaw Testifies.
The day, however, was one Of good
progress for the defense. The elder
Mrs. Thaw. pale and weak from her
recent illness. was assisted to the
witness chair and repeated n large
part OF the testimony she gave a
year ago. Her appearance and the
sincerity OF her evidence as she told
of her sons strange conduct after
meeting Evelyn Nesbit and hearing
her story had marked effect upon all
who listened On account of her weak
condition her examination was inter
rupted by consent. to be resumed
some time next week. when she will
tell of Thaw's infancy.
London Times Not Yet Sold.