The free lance. (Fredericksburg, Va.) 1885-1926, 1908-01-21
EVELYN on THE STAND
All Spectators Hay be Excluded
When She Tells Her Story.
THAW'S MOTHER CALLED

Repeated the Testimony She Gave a
Year Ago. But Owing to Her Weak
sned Condition she Did Not Finish
Other Evidence.
New York. Jan 1S.-A series OF
surprises brought the Thaw trial near
crisis. Both Evelyn Thaw. the wife.
and Mrs. William Thaw. the mother
of the defendant. were On the witness
stand. and just as the former was
about to relate anew the story OF her
life as she told Il to Thaw in Paris
in 1903. District Attorney Jerome
arose and suggested that in the in
terest Of public morals all persons
save those Immediately interested in
the case should be excluded from the
courtroom during the recital Of what
he termed "a horrible tale" The mo.
ton included the representatives OF
newspapers as we'll as the public gen.
orally. Attorney Martin W. Littleton.
Of the defense. Joined in It to shield
the young woman from hundreds OF
curious eyes and said that So far as
the constitutional right TO an open
hearing was concerned. he was ready
to waive that point in any iron-clad
manner the court might suggest Pro
ceedings were suspended until Mon
day. vi en- Justice Bowling. who IS
presiding. viii announce his decision.
When Mr.. Jerome arose It was gen
orally believed that he was about 10
contend against the admissibility Of
young Mrs. Thaw's testimony on the
ground that it could not have had a
very serious effect upon the mind OF
the man who subsequently became her
husband. inasmuch as the homicide
did not occur until three years there
after. Mr.. Jerome had previously OBJ
jocted to Mrs. Thaw detailing con-
versations she had with Thaw three
years prior TO the tragedy. but JUS
uce Bowling ruled that the declara-
tions OF the defendant were admissible
on general principles.
Then Mr.. Jerome attacked the wit
ness in another way and by standing
Immediately in front OF her and object
ing to practically every question which
Mr.. Littleton asked in his preliminary
examination as to her early history.
cut the young woman's recital from
the effective narrative form IL assumed
last year into a hundred fragments.
Many Of the objections. based upon the
irrelevaney and immateriality were
sustained by the court When these
failed. the prosecutor was ever ready
with others until the testimony fairly
was torn into shreds and had lost en-
tirely the many little touches OF human
interest which were part OF the mar
ration last year when no objections
were offered. Mr.. Jerome said his OBJ
jections were intended to cut out all
stories about pet cats "and a lot OF
other stuff" which had no place in
the trial.
The day. however. was one OF good
progress for the defense. The elder
Mrs. Thaw, pale and weak from her
recent Illness, was assisted TO the wit
ness chair and repeated a large part
OF the testimony she gave 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 a
marked effect upon all who listened.
On account OF her weak condition her
examination was interrupted by con-
sent to be resumed some time next
week when she will tell of Thaw's in
fancy. District Attorney Jerome's
manner while the mother was on the
stand was all Difference and II was his
suggestion which led to the respite in
her ordeal. But when the young wife
took the stand the change was marked.
Jerome glared at her from the very
first and his objections were fairly
shouted in her ears. Well accustomed
to court usage from her former expe-
rience the young woman waited pa
tiently for a ruling as to each objec-
ton. When they were sustained she
was silent; when overruled she was
ever ready with her response.
Effective testimony was given at the
morning session by Miss Alice c.
Fletcher. of Washington. D. C.. a long
time friend of the Thaws and a fire.
quent visitor at ther home She said
she had known Harry Thaw for TWEEN
ty-six years and he had always i'm
pressed her as irrational.
Miss Catherine O'Neill, who nursed
Thaw as a boy. from his third to his
tenth year added her evidence to that
already adduced as to irrational con-
duct and tendencies on the part OF the
defendant.