The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1908-01-18


defense Of Harry X Thaw took the wit
ness stand this afternoon. They were
Mrs. Evelyn Nesbit Thaw and Mrs. VIII
liam Thaw. respectively wife and mother
! Of the man who killed Stanford White.
The examination Of the elder woman
lasted only an hour. when it was tenn
porarily interrupted on account Of her
feeble health. She viii resume the stand
some time next week.
She was followed by her sons young
wife who had testified about an hour
when the proceedings Of the day were
brought TO an end by a motion made by
the district attorney.
Mrs. Tbaw Repeats story.
Mrs. William Thaw's testimony was
largely repetition Of the story she told
az the first trial She was not asked any
questions relative to insanity in the Thaw
family, but that branch Of the subject
was only deferred.
Mrs. Evelyn Nesblt Thaw brought her
story down 20 the time she told Thaw in
Paris of her relations with Stanford
/ White
! When she had reached this point, and
I L was plain that Mr. Littleton intended
to 80 on thence much as Mr.. Delmas did
I in the first trial. the district attorney
rose and moved that the courtroom bs
cleared Of spectators
( He explained his action by saying that
many newspapers had spread broadcast
! on the occasion Of the first trial ali the
details Of a revolving story. In his 0pin-
\ ion no more shocking and indecent dis
play had ever been made in the columns
/ Of newspapers than was then made by
la number OF publications.
To permit a repetition Of that sort OF
thing. said the district attorney. was 10
strike a blow at the welfare Of the COM
munity
Defense Willing 90 Concur.
Justice Dowling replied there was noth-
ing TO prevent the newspapers from pre-
sentiug the story told by Thaw's wife
at the first trial even if everybody was
excluded from the courtroom. He thought
the district attorneys suggestion would
have been more % the point had # been
made az the first trial As it was. the
story had all been told fin print He was
inclined TO think It might be better to
rely upon the judgment Of the newspaper
publishers in the present instance. At
any rate. he said. he would issue no such
order unless it was eoncurred in by coun-
sci for the defense.
Mr.. LittIeton prMptly said he would
I concur in the district attorneys motion
because he believed such an order would
go far 10 protect the sensibiiity Of the
witness.
Mr.. Jerome declared that if the news
papers should reprint the story told at
the fist trial, after their representatives
had been excluded from the second trial.
the publishers would be liable for criminal
libel.
To this Justice Dowling replied that
his court was not a conservator Of public
morals.
The matter was not determined when
adjournment was ordered until Monday
morning. At that time counsel for each
side will submit afidav'ts on the question
and Justice Bowling sill make his de-
cision
Mrs. Thaw Feeble and Worn.
Thaw's mother took the witness stand
early in the afternoon. She arrived in
New York late the previous night COM
/ ing directly here from Plttsburg. where
she had suffered from serious illness.
| When she entered the courtroom she
came quite alone. and walked by herself
along the corridor. behind the jury box.
to the platform on which stands the Wit
ness chair. She was dressed in deep
mourning, as on the occasion Of her
/ previous appearance as "a witness, and
she walked slowly and feebly.
A court attendant supported her as she
mounted to the witness chair Her face
was pale and deeply lined. She plainly
showed the debiIitating effects Of illness
and worry.
But though the marks of disease and
mental strain were evident Mrs. Thaw
bore herself with as much dignity as
| ever. sShe spoke low and clearly. though
there was touch OF defiance I'm her voice.
As far as it went, her story was prscu-
/ caly a repetition of what she testified
! TO last year. save tldt the tale Was SnOrn
Of many of is details. partly at the in
stance Of Mr. Littleton himself and part
/ ~ by objections by Mr. Jerome, which
the court sustained,
Thaw Pride Not Dead.
I The Thaw pride, however, was fire.
quently apparent Once, for example.
when she told how her son had informed
her that Miss Nesbt had declined TO
marry him because she thought she was
not a proper person TO marry into his
/ family. the witness added:
And I thought it a very proper state
ment for her TO make"
II is known that the programme OF
the defense includes. among other things
intended To establish ThaWs mental un-
/ Isoundness. many statements TO be made
I by the defendants mother relative 10
/ insanity in the Thaw family, though any
/ suggestion of such testimony was rigidly
prevented az the first trial But no such
suggestion was made by Mrs. Thaw to-
day.
/ When she was allowed to leave the
witness stand after testifying for about
an hour, she was evidently much fatigued.
As she stepped from the platform. a