The morning journal-courier., 1908-01-06
Jerome May Attempt to Ex- clude Testimony of Story Girl Wife Told the
 Prisoner.
LEGAL QUESTION INvOLv WE'D
Garvan Back from European Tour and Ready to Question Mrs. Thaws Account of Her
 Travels.

New York, Jan. 5.--On the eve of the second trial of Harry K. Thaw, which will begin tomorrow before Judge Victor Bowling, of the supreme court, it is reported that District At torney Jerome may attempt this time to bar the testimony of Mrs. Evelyn Nesbit Thaw. At the first trial this the jury with the consent of the dis trict attorney, who said the precedent set in the state against Wood seemed to cover the matter. Several promi- nent criminal lawyers have argued the point with Mir. Jerome since the close him to oppose this line of testimony at the trial about to begin. These attorneys declare vital principle of law is involved, and that it should go to the highest courts for determina- tion. MT. Jerome may feel impelled to consent to another recital of Mrs Thaw's story to prevent an appear ance of inconsistency with his course year ago. But the importance to the community at large of testing the legality of such testimony is unusu- ally strong.
 Young Mrs, Thaw was allowed to testify at the first trial upon the the ory that it was her story, told to Thaw in Paris in 1903. two years be- fore their marriage, that drove him to temporary insanity. The prosecu- ton was not allowed to test the truth or falsity of the recital. the courts ruling being that, regardless of its truth or untruth, the issue was solely what effect upon the defendants mind 1t had. MT. Jerome offered witnesses who, he declared, would contradict certain of the girl-wife's statements, but they were not allowed to testify. The prosecutions only recourse, there- fore, lay in severe cross-examina- tion, but even this was Allowed only by way of generally testing the credul- ity of the witnesses.
 Already the rule laid down fin the Thaw case has served as a precedent in another. A former judge in vir- ginia recently shot and killed young man against whom his daughter had made charges of having drugged her The young woman admitted that she had not told her father the truth. but he was acquitted on the ground that her story, true or false, had had the effect of inflaming his mind to the de- gree of insanity.
 The lawyers who have approached MT. Jerome on the subject are inclined to the opinion that there are vital diff ferences between the Thaw case and that of Wood which served as a pre- cedent. The Wood case was one in which Woods wife told him that her lather had been guilty oi improper re- iations with her before her marriage and had but recently sought her again Wood, in the heat of passion. straight. way emptied the loads in a shotgun into his father-in-law, killing him in. stantly. The defense was one of in. sanity, brought on by the awful stor, of the mans wife. But 1t Is pointed cut that in the Thaw case the shoot. ing did not occur until three years af ter the recital which is alleged to hay, melted the deed.
 Assistant District Attorney Garyar spent several months abroad last sum mer and covered much of the ground included in the travels of Harry Thav and Evelyn Nesbit during the twt trips abroad which preceded their mar riage. The district attorney seemed last year to have every detail of th, young woman's life at command, bu 1t is said that this year he will be abl to confront her with incidents of tn, European trips not hinted at the frs hearing
 There is another point of law O, which MT. Jerome will fight for a re versal of the rules laid down at tn hrst trial. This is in regard to tn, testimony of the experts who declare, Thaw was Insane at the time he sho White and for two months thereafter These alienists testified as to certai, visits they paid to Thaw in the tombs MT. Jerome sought to cross-exa min them as to subsequent visits in an at tempt to show that Thaw, if insane when he killed the architect has con tinued to be insane ever since. Justic Fitzgerald would not allow any oues
 tons as to other visits than those men toned in the direct examination of th several medical witnesses. MT. Jerom argued the question several times. il each case the courts ruling wa against him.
 There Is every reason to believe tha
 the district attorney still is convince
 that Thaw is medically insane. ma rs noiac, whose malady is incurable
 view or this he was wiling at the fir. trial that Thaw should be adiudged de
 mented and sent t9 Matteawan asvluI
 Tor the criminal insane, although n felt and urged before the jury tha
 upon a strict interpretation of the lei
 ter of the law Thaw was at no tim suffering from such a defect of reaso ; as not to know the nature or qualify [ his act, or that the act was wrong
 Thaws s attorneys vii base their dt | Tense solely on tic theory that Tha-
 was legally insane at the time he shc
 Stanford White, and that he has sint
 recovered hts mental balance. The say their client is ready and willin to stand any test that can be devised l
 to his mental condition.
 The trial tomorrow may not begi until noon. Ii is the first day of ii January court term, and it will be ne, essary for Justice Bowling to chars
 the new grand jury and to dispose of
 number of routine matters before tai
 ing up the Thaw case. Only 10J of II . 300 talesmen summoned for jury dut
 will be on hand tomorrow. the pla
 being to have a similar number reor. sentative on the first three days of fl 5 trial which will prevent a crowd in il
 court room
 It is the general belief that the in panelling of jury will prove a Tor and difficiiIf task