Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1908-01-09
MAY BAR Evelyn
The Second Trial Harry <. Thaw
May b Shorn Of Its Star
Features.
WOULD EXCLUDE HER STORY
Prominent Criminal Lawyers Believe
1 MIstake Was Made at Last
TrlaD--Jerome Makes
No Statement.

New York, Jan. Con the eve Of
the second trial Of Harry X. Thaw
which will begin Monday before Judge
Victor Bowling, Of the superior court
comes the report that District Attor
ney Jerome may attempt this time to
bar the testimony OF Mrs. Evelyn
Nesbit Thaw, wife of the accused
man. At the first trial this testimony
was allowed to go before the Jury
with the consent Of the district at
torney, who said the precedent set In
the case Of the state against Wood
seemed to cover the matter. Several
criminal lawyers, Of prominence In
their profession, have argued the
point with Mr.. jerome since the close
Of the first hearing and having urged
him to oppose this line of testimony
at the trial about to begin. These at
torneys declare a vital principal OF
law Is involved and that 1t should go
to the highest courts for determine
tion. MI. jerome has given no def
mite answer to his fellow members OF
the bar and he may feel impelled an
appearance of Inconsistency with his
course OF a year ago. But the repre-
sensations made to him to the i'm.
portance to the community at large
Of testing the legality Of such testi-
mony, have been unusually strong and
many Of the prosecuting officers
CLOSETS friends would not be sur
prised II he should rise in his place
when Mrs. Thaw is called as wit.
ness and contend against the admis.
sibility of her testimony.
Young Mrs. Thaw was allowed to
testify at the first trial upon the
theory that 1t was her story, told to
Thaw in Paris in 1908, two years be-
fore their marriage, that planted the
seeds Of temporary insanity in his
brain. The prosecution was not al
lowed to test the truth or falsify
OF the story, the court rule being that
regardless Of its truth the issue had
to do solely with the effect upon the
defendants mind. Mr.. Jerome offered
witnesses, who, he declared would
contradict certain things Of the girl
yife's statements, but they were not
allowed to be heard. The prosecution
had its only recourse in a severe
cross examination but even this was
allowed only one the ground Of test
ing the credibility Of the witness In
general way. M
The lawyers who have approached
Mr.. Jerome on the subject are in
cllned to the opinion that there are
vital differences between the Thaw
case and that of Wood, which served
as precedent at the trial before
Judge Fitzgerald. The Wood case
was one In which Woods wife told
him that her father had been guilty
Of improper relations with her before
her marriage and had but recently
sought her again. Wood, in the heat
of passion, straightaway emptied a
shotgun into his father-in-law, killing
him instantly. The defense was one
Of insanity, brought on by the awful
story Of the wife. The difference
pointed out is that in the Thaw case
the killing did not occur until three
years after the recital which is al
legged to have melted the deed. The
lawyers say the difference is just as
vital as that which the law makes in
various, degrees Of murder--a homi-
eide committed in the heat Of passion
being widely distinguished from
coolly planned and deliberate one
District Attorney Jerome has con-
slstently declined to discuss the Thaw
case for publication. His course as
regards the all-lmportant testimony Of
Mrs. Thaw, will be watched, however,
with the keenest interest. II her
story is deemed admissible by Judge
Bowling, II Is declared that the cross
examination to which she will be sub
jected will be far more severe even
than the first one. Assistant District
Attorney GarYln spent several months
last summer and covered much 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