The Montgomery advertiser., 1908-01-20
MAY REFUSE TO BAR PUBLIC EyelYn's Testimony Not to be Private. MORBID MAY BE lxcLUDkD Ihaw Believes Jerome Will Be too
 Severe.
 -----e-- He Fears sAs Dlstrsct Attorney win Dssss Deeper fate HI.
 Yeang Girs wise's
 Past Lise.
MORBID MAY BE lxLUDkD

New York. Jan. 1s.---when the Thay
 trial is resumed tomorrow morning. Justice Bowling will be called upon to
 determine whether or not the testi-
 mony of Evelyn Nesbit Thaw shah
 be taken behind closed doors. It fs
 freely predicted that he will refuse tc
 exclude both public and newspaper rep
 resentativss. but compromise may be
 reached by the exclusion of those who
 come only from idle or morbid cue
 riosity.
 By leaving the newspaper men in the court room the constitutional provision
 aa to E psibiic trial would be nset. and
 the young woman on the stand would
 have to face only handful of peopla ! througed the court last Friday after
 noon. Az to keeping the story out of
 print. Justice Bowling told District Att
 torney Jerome when he sprang his sur-
 prIsing suggestion that if any news
 paper cared to repeat the details of
 the recital it could do, so simply by
 referenca to it's files of year ago
 Justice Bowling stated on Friday that
 he would haar further suggestion from
 counsel tomorrow morning. provided.
 of course. there should be . general
 consent to the closing of the doors---a
 thing never before done in this jurIs-
 diction Tn a murder trial. Martin ".
 Littieton. ThRwsP. chief counsel who
 partly coacurved in the Disfict At tornsy's motion when 1t was nrst made. has decided ta- withdraw that concur
 renee and leave the matter entirely in
 the discretion of the court Under
 these circumstaneee 1t is declared JuB-
 fice Dowlsng win not attempt to keep
 the proceedings secret. but he may co-
 operate with the attorneys in an en-
 deavor to keep the general public out
 of the court room during the young
 woman's examination on the witness
 stand.
 The non-concurrenee of the defense in the plan for closed hearing Ia said to be due to tho attitude of Thaw hirn- self, who believes that be sees in Dis trict AttoEney Jerozne's move, a motive ether than the public morals on which he based hiA address to Justfee Dow ling. TbaM heliayea thst eessnd el9ei furth&r irl his eFoea-axanainatloh of hfi wife than hs did at the arst tkial when with pfkiless peTsis. ence he edrev from har many of the details of the story which were omitted in the direct evid- ance-,-aetaiIs which did not reach the public through any newspapers. Mr. Jaromo based his cross-examinattou
 last year on the grounds or tssung Lns cradibility of the witness, and under inc rulings of Justice Fitzgerald. thil threw the doors wide open Justice Dowling is inclined. however. to cut down both direct and cross-examina- tione 10 tho material facts and 1t iS generally believed that neither Mr IattIeton nor Mf. Jerome will put the defandant's wife through the same se' were ordeal as last year
 when young Mrs. Thaw has conclua. d her testimony and has been pnl throts e.hs the fire Of cross-examination the eider Mrs. Thaw will probably con- nIude her evidence This will leave but three or four regular witnesses to ns retalned by the defense are to be put on ths stand to answer hypothetica' Question covering all of the testimony TWO of these physicans. Doctors Evan' and wagner. will tell again or the @ sx. arniration they made of Thaw In ths
 Tornbs prison following the trasedy' The trial will be pushed with all pos sible haste to an early conclusion