Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1908-01-18
NEW MOVES IN THAW CASE
Attempt to Exclude Public and Press
When Mrs. Thaw Tells Story.
COURT WILL RULE MONDAY
of wife of Defendant VIII
he Admitted, but Objections TO
Many Questions Are
Sustained.

NEW YORK, Jan. IA series of sur
prises brought the Thaw trial cear
crisis today 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 II to Thaw in Paris in 1908,
District Attorney Jerome arose and sug-
gested that in the interest of public
morals all persons save those immedi-
ateiy interested In the case should be
excluded from the court room during the
recital of what he termed "a horrible
tale" The motion included the repre-
sentatives Of newspapers, as well as the
public generally. Attorney Martin w.
Lttleton of the defense Joined in it to
shield the young woman from hundreds
of curious eyes, and said that so far as
the constitutional right 60 an open hear
ing was concerned he was ready to waive
that point in any ironclad manner the
court might suggest Proceedings were
suspended until next Monday morning,
when Justice Bowling. who is presiding,
will announce his decision.
EveIyn's Testimony Admitted.
The district attorneys suggestion was a
distinct surprise and called forth the re-
mark from Justice Bowling that 1t would
have come with greater force at the first
hearing of the case. When Mr.. Jerome
arose It was generally believed that he
was about to contend against the admissi-
billty of young Mrs. Thaw's testimony, on
the ground it could not have had very
serious effect upon the mind of the man
who subsequently became her husband
inasmuch as the homicide did not occur
until three years thereafter. Mr.. Jerome
had previously objected to Mrs Thaw de-
failing conversations she had with Thaw
three years prior to the tragedy but JUS
tice Dowling ruled that the declarations of
the defendant 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
construction of this year.
II will not except to your hOnor's ruling.
said the district attorney as he took his
seat after his objection, "for the state has
no power of appeal
Then Mr.. Jerome attacked the witness in
another way and by standing Immediately
in front OF her and objecting to practically
every question which Mr.. Littleton asked
in his preliminary examination as to her
early history, cut the young womans re-
cital from the effective narrative form II
assumed last year into hundred frag-
ments. Many of the objections, based upon
the irrelvancy and immateriality were sus-
tanned by the court. When these failed,
the prosecutor was ever ready with others
until the testimony fairly was ltorn into
shredes and had lost entirely the many
little touches of human interest which were
a part of the narration last year when no
objections were offered Mr.. Jerome said
his objections were intended to cut out all
stories about pet cats, land lot of other
stuff" which had no place in the trial.
Good Progress for Defense.
The day however, one Of good
progress for the defense The elder Mrs
Thaw, pale and weak from her recent i'll
ness was assisted TO the witness chair and
repeated a 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
a marked effect upon all who listened On
account of her weak condition, her eXamina-
tion was interrupted by consent, to be re-
sumed some time next week when she will
tell of Thaw's infancy. District Attorney
Jerome's manner while the mother was on
the stand was all Difference and it was his
suggestion which led to the respite in her
! ordeal But when the young wife took the
stand the change was marked. Jerome
! glared at her from the very first and his
objections were fairly shouted into her ears.
Well accustomed TO court usage from her
former experience, the young woman
waited patiently for a ruling as to each
objection. When they were sustained she
was silent; when overruled she was ever
ready with her response.
Say Defendant Was Irrational.
Effective testimony was given at the
morning session by Miss Alice c. Fletcher
of Washington, d. c., a longtime friend
of the Thaws and a frequent visitor at
their home She said she had known Harry
| Thaw Tor twenty-six years snd he had al
wayG Impressed her as irrational
Miss Catherine O'Neill, who nursed Thaw
as a boy from, his third 10 his tenth year,
added her evidence to that already adduced
as to irrational conduct and tendencies on
the part of the defendant.
The doormen at the police station where
Thaw was confined the night of the trag-
edy repeated their stories of last year of
Thaw's irrational appearance and his COM
planning OF noises that did not exist.
The trial may be concluded in two more
! weeks