Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-01-06
THE SECOND TRIAL
OF Harry Thaw Will Be-
gin Today In New York.
Jerome May Gut Out Testimony
Of Evelyn ThaW.
Hot Fight Expected Over the Point
Of Thaw's Sanity.

ddEe victor bowling OF the supreme
court, il is reported that District At
tornry Jerome may attempt this time
to bar the testimony of Mrs. Evelyn
Nesbit Thaw. At the first trial this tes-
timony vas allowed to go before the
jury with the consent of the district
attorney on account of a precedent.
Several prominent criminal lawyers
have argued the point with Mr.. Jer-
ONE since the close of the first hear
ing and have urged him to oppose this
lille OF testimony at the trial about to
begin. These attorneys declare a vital
principle Of law is involved and that
it should go TO the highest courts for
determination. Mr. jerome has given
no definite answer and he may feel
irlpelled to consent to another recital
of Mrs. Thaw's story to prevent an ap-
pearance of inconsistency with his
course year ago. But the representa-
tions made TO him as to the inheritance
to the community at large of testing
the Legality Of such testimony have
been unusually strong and many Of his
ciusest friends would not be surprised
if when Mrs. Thaw is called as a Wit
ness he should contend with his char
acteristic skill and vigor that her tes-
tincny vas inadmissible.
Young Mrs. Thaw was allowed to
testify at the first trial on the theory
that it was her story, told to Thaw in
Paris in 1903 two years before their
marriage that drove him to Temporary
insanity. The prosecution was not al
lowed to test the truth or falsity of the
recital, the courts decision being that
regardless of its truth or untruth the
issue was solely what effect upon the
defendants mind it had. Mr.. Jerome
offered witnesses who, he declared.
would contradict certain Of the gilr-
W1fe's statements, but they were not
allowed to testify. The prosecutions
only recourse, therefore, lay in a Sc
we're cross-examination, but even this
was allowed only by way of generally
testing the crediblity of the witnesses.
Already the rule laid down in the Thaw
case mas served as a precedent in an
other. A former judge in Virginia re-
Gently shot and killed a 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 ef-
1ect Of lnfaming his mind to the de-
gree Of insanity. The presiding Judge
followed the rule set down in the Thaw
case "
Inc lawyers who have approached
MI jerome on the subject are inclined
10 the opinion that there are vital diff
lerences between the Thaw case and
that OF Wood. which served as a pre-
cedent at the trial before Judge Fit
gerald. The Wood case was one in
which Woods Wife told him that her
father had been guilty of Improper re-
lations with her before her marriage
and had but recently sought her again.
WOOD, In the neat Of passion, straight
way ennptied the loads in shotgun in
TO his father-n-law, killing him in
stantly. The defence was one Of in
sanity. brought on by the awful story
or the mans wife. But ii Is pointed
ont that in the Thaw case the shooting
did not occur until three years afte,.
the recital which Is alleged to have in
cited the deed. The lawyers say that
the difference is just as vital as that
which the law makes In various de-
erees OF murder.
District Attorney Jerome has consis-
tnntlv declined to discuss the Thaw
case for publication. IF EVELYN Thaw's
story is deemed admissible by Justice
Bowling it is declared that the cross
examination to which she will be sub
iected will be far more severe even
than the first one. Assistant District
Attorney Caravan spent several months
broad IN Of nd
Of the ground included in the travels of
Harry Thaw and Evelyn Nesbit during
the two trips abroad which preceded
their marriage. The district attorney
seemed last year to have every detail
of the young woman's life at command,
but, it is said that this year he will be
able to confront her with Incidents of
the Euronean trips not limited at the
first hearing.
There is another point Of law which
Mr. Jerome will fight for reversal Of
the rules laid down at the first trial
This IS in regard to the testimony Of
the experts who declared that Thaw
was insane at the time he shot White
and for two months thereafter.
There is every reason to believe that
the district attorney still is convinced
tnat InaW Is HleQ1Cdlly lnSdne-d
paranoiac whose malady is incurable. In
view of this he was willing at the first
Trial that Thaw should be adjudged
demented and sent to Mattewan asy-
lum for the criminal insane, although
he felt and urged before the jury that
upon a strict Interpretation Of the let
ter Of the law, Thaw was at no time
suffering from such a defect Of reason
as not to know the nature and quality
Of his act or that the act was wrong.
Thaw's attorneys will base their de-
fence solely upon the theory that Thaw
was legally insane at the time he shot
Stanford White and that he has since
recovered his mental balance. They
say their client is ready and willing
to stand any test that can be devised
as to his present mental condition and
they believe he will make an even bet
ter showing than before the commits
sion which during the first trial de-
clared him capable of intelligently adj
vising with his counsel and Of UNDER
standing the proceedings against him.
The commissions work was limited TO
these two points and Thaw convinced
them in a striking manner.
The trial tomorrow may not begin