The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-01-18
Decision Next Monday.

Proceedings were suspended until next
Monday morning, when Justice Downing,
who is presiding, will announce his de-
cision.
The district attorneys suggestion was
a distinct surprise and called forth the
remark from Justice Bowling that II
would have come with greater force at
the first hearing of the case. When Mr..
! Jerome arose il was generally believed
that he was about to contend against the
admission of young Mrs. Thaw's testi-
mony on the ground that it could not have
had a very serious effect upon the mind
of the man who became her husband in
| asmuch as the homicide did not occur I'M
| til 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 bowling ruled that the declarations of
the defendant were admissible on general
principles and without reference to the
Wood case, under which the evidence In
dispute was admitted last year and on
which Mr. Jerome had been expected to
ask a construction this year.
It will not except to your honor's rul-
| ing" said the district attorney as he took
his seat after his objection, ''for the state
has no power of appeal"
Spoiled the Effect.
Then Mr.. Jerome attacked the witness
in another way, and by standing immedi-
ately in front of her and Directing to
practically every question which Mr.. Lit
Teton asked in his preliminary examina-
ton as to her early history, cut the young
woman's recital from the effective narra-
tive form II assumed last year into hun
dreds of fragments. Many of the. objee-
tons. based upon their irrelevancy and
immateriality, were sustained by the
court When these failed the prosecutor
was ever ready with others until the testi-
mony fairly was torn into shreds and had
lost entirely the many little touches of
human interest which were a part of the
narrative last year. when no objections
were offered
Mr. Jerome said his objections were in
tended to cut out all stories about pet
cats land a lot of other stuff which had
no place in the trial.
Good Progress for Defense.
The day. however. was 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
marked effect upon all who listened.
On account of her weak condition her ex
animation was interrupted by consent to
be resumed sometime next week. when
she will tell of Thaw's infancy. District
Attorney Jerome's manner while the
mother was on the stand was all defer
ence, and it was his suggestion which led
to the respite in her ordeal. But when
the young wife took the stand the change
was Markell jerome gidreQ at her and
his objections were fairly shouted in her
ears. Well accustomed to court usage
from her former experience. the young
woman waited patiently for ruling as
TO each objection. When they were sus-
tanned she was silent; when overruled she
was ever ready with her response.
Testimony of Miss Fletcher.
Effective testimony was given at the
morning session by Miss Alice c. Fletcher
of Washington, d. c., a long time friend
of ThaW's and a frequent visitor at his
home
She said she had known Harry Thaw
for twenty-siX years and he had always
impressed her as irrational.
Miss Catherine O'Neill who nursed
Thaw as boy, from his third to 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 story of last year of
/ Thaw's irrational appearance and his
complaining of noises that did not exist.
The trial may be concluded in two weeks
more.