Evening journal., 1908-01-18
WANTS MRS. THAW
TO TESTIFY
IN PRIVATE

| NEW YORK, Jan. lb.--lt is not con-
sidered that Justice DowlinB HSl ex-
clude from the court all persons not
directly interested in the trial of Harry
X. Thaw during the testimony Of Eve
lyn Nesbit Thaw, as requested by Dis
trict Attorney Jerome.
Mrs. Thaw had not proceeded far be-
fore Jerome moved that the Iublic be
excluded, and court soon adjourned
until Monday.
Though the proposition met with the
approval of Martin w. Littleton, chief
counsel for the defence. through de-
sire TO spare the feelings Of the Thaw
family and the witness, Justice Dowl-
ing was not ready TO decide the ques-
tion.
The subject Of the exclusion of the
press fro mthe trial has caused great
interest among lawyers here, and some
Of them are very positive in their opin-
ion that any such action is impossible,
even with the consent Of both sides,
because Of the fact that a man charged
with murder cannot waive a eonstitu-
tional right
The Constitution guarantees "a
speedy and public trial." and il is said
that this right cannot be waived any
more than the right to plead not
guilty Mr. Jerome, however, holds
that there is ample precedent for the
faction that he suggests.
The court viii announce its decision
in the matter when the trial is resumed
on Monday.
Into the trial yesterday there came
h. nf
Whites murder
The cause-Evelyn Nesbit Thaw--
Young, pretty, careless, with the soul
Of butterfly, and the voice of a child.
The etfect-the mother of the slayer
-Old and bowed, i'll and broken
hearted.
Here were two extremes. The diff
ferences between them Jared, as does
diseord in music. The one. des-
perately devoted to an affection that
has it's root In the deepest instinct of
being-the mother live. The other,
throwing her good name into the fire
as Douglas threw the casket that held
Bruce's heart into the thick of the
fight, to win it back or die
During the year that has passed,
illness, grief, shame and cumulative
sorrows in two hemispheres have laid
a heavy hand upon the courageous
mother, who walked feebly to the wit
ness chair while yet an invalid, to tell
for the second time within a year the
story, the sum of which she hopes may
help free son from stigma Of a
felon's fate,
Mrs. William Thaw has not COM
pieted her narrative. She was too weak
to bear the strain OF the ordeal.
Evely Nesbit Thaw ascended the
witness stand as Harry Thaw mother
left it, In the physical appearance
of added bloom, rounded contour and
ahoundins health, the year that has
elapsed seemed to have done as much
for the Improvement of the chorus girl
whom Harry Thaw made his wife as
II had done IN unsparing detrlment
to the woman who first loved him.
Mrs. Thaw gave her testimony slow
ly, to a jury that did not miss a word
Occasionally she placed vinaigrette
to her nose Occasionally, too, she
rubbed her dry lips with her handker-
chief.
She told Of her opposition TO Thaw's
love for Evelyn Nesbit, and Of her final
consent 10 a marriage which she could
not break off.
Her son had told her about Evelyn
and of the wrong done her by Stan
ford White. She had heard him many
times moaning and sobbing in the
night. In the mornings his pillow was
wet with tears.
Il did not go into the matter with
him very much," said the mother Il
wanted him to forget It and did not
want to sem interested. / never knew
much about the Stanford White side
of it until this unfortunate affair.""
This unfortunate affair" was the
Staying done by her son.
Mrs. Thaw left the stand weakly.
leaning on the arm Of her attendant
Then through the door where she had
disappeared there came the woman in
the case-Evelyn Nesbit Thaw. She
came as silently and swiftly as a kit
ten, took the chair demurely and wait
ed.
She sat as one who beholds the sud
den walking of a corpse. The court
crowd stirred uneasily. Thaw shrank
down in his chair and gazed steadily
at her. She smiled family.
PILES CURED IN TO "a DAYS.