Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1908-01-21
Justice Bowling Finds No War;
rant in Law for Exclusion Of
Public From Courtroom Dur
ing Recital
JEROME'S ANXIETY FOR
PUBLIC MORALS WAVES
Prosecutors Cross Ezamina-
ton Brings Out Many Details
of Former Tale Omitted in
Direct Examination,

/ IBy Morning journal speCinl Iensed Wire.l
| New York, Jan, 20.--Mrs. Evelyn
Nesbit Thaw told her story today for
the second time The repetition lack
| ed the vitality of the first recital, but
| the crowd in the court room where
her husband, Harry Kendall Thaw, Is
on trial for the killing of Stanford
White, listened intently to every word
Justice Bowling had ruled that he
found no warrant i'm the law for clos
ing the doors against the public and
there was a great clamor for admit
tance from throng which hung
about the building all day long. Dis
trlct Attorney jerome, failing IN his
move to exclude spectators, took oC-
casion, when it came his turn to cross
examine the witness, TO bring out all
of the details of the first trial which
Mr. Littleton of the defense has
omitted on his direct inquiry Of the
witness. Mr.. jerome also sought to
block Mrs. Thaw's case in its entirety
on the ground that a conversation
which occurred three years before the
tragedy could not have any bearing
on Thaws mental condition on the
night of the homicide. Justice Dowl-
ing ovcrruled the objection.
Mrs. Thaw was on 'he stand all day
long ana Mr. Jerome announced when
adjournment for the day was taken
that his cross examination would oc-
cupy greater part Of tomortow's ses-
sion.
Mrs. Thaw's story was broken into
bits by constantly repeated objections
from the prosecution who sought to
exclude all details on the ground Of
immateriality. The frequent objections
led Justice Bowling to request Mr.
Litteton to cut his examination as
short as possible, MI. Litteton took
this course only to find that ON cross
examination Mr., Jerome insisted upon
reading from last years record every
word the witness had then uttered.
He did this under the privilege or
framing new questions
Mr., Littleton objected to it, decla
ing that the district attorney by read |
ing the former testimony in dis
agreeable manner was trying to dis
credit her in the eyes of the jury
when he could not discredit her iu anyi
way by a direct question:
Mr.. Jerome made an attempt to dis |
guise a tone of complete contempt in
reading the testimony. Contempt also /
characterized most of the questions he
put to the witness, whom he attacked |
in the loudest voice he has yet used |
at the trial. Mr.. jerome plunged att
once into the more intimate details |
of the testimony, and made no deli /
cate choice of words in framing his
interrogations.
Mr.. Littleton's objections on the |
ground Of offenslveness and impro- !
priety' frequently were sustained by
the court.
Mrs, Thaw matched wits against
both District Attorney Jerome and his
assistant Mr., Gargan who was ever
at his chiefs elbow with new sug
gestions She fenced with them as
skillfully as she did a year ago and at
times reflected the mood of the dis
trict attorney by answering IN voice
pitched In as loud a key as his own.
The prosecutors pitiless and aggres-
sive questions often struck fire, and |
once when Mr. jerome demanded 10
know if the young woman had told !
Thaw certain things. she replied;
yes, | told him, but | did not use
the language you arc using"
Don't argue with me madame, %
shouted Jerome, who then had the !
reply stricken from the record.
But one new feature appeared IN
the testimony Of the witness This
was when she told about Thaw swaI-
lowing the contents Of bottle Of
laudanum at Monte Carlo IN 1904, In
an attempt to end his life Previous
ly to this, at the Grand hotel, in New
York, Thaw had talked Of suicide his
wife declared, and had suggested that
she also should take poison, as both
their lives had been ruined, Mrs,
Thaw said she humOred Thaw at the
time and diverted his mind. She was
out Of the room when he finally took
the poison in Europe.
why didn't you tell us about this
at the hrst trial" demanded Mr.
Jerome
Because MI. Dclmas said it might
make Harry out too crazy the wit
ness retorted before the district at /
torney could stop her