Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1908-01-18
Would Exclude Public From
Court Room During Repeti-
ton Of Wtfe'S PitifuI Tale Of
Alleged Wrongs,
MOVE TAKEN IN INTEREST
OF PUBLIC MORALS, SAID
Defense Has No Objection
Court Takes Matter Under
AdviSementi Case Goes Over
Until Monday,

IBy Morning Journal Special Leased Wlre.l
New York, Jan. IA series OF
surprises brought the Thaw trial near
a crisis today Both Evelyn Thaw.
the wife. and Mrs William Thaw, the
mother of the defendant We're on the
witness stand and just as the former
was about to renew the story OF her
life as she told it to Thaw in Paris
in 1908 District Attorney jerome arose
and said that in the interest of pup
lie morals all persons save those I'M
mediately Interested in the case shouid
be excluded from the court room dur
ing the recital of what he termed the
"horrible tale"
The motion included the reporters
of newspapers as well as the public
generally. Attorney Martin w. Lit
tleton, OF the defense, joined in 1t to
shield the young woman from hun
dreds 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
ironclad manner the court might sug-
btGAt IIbNtNhllifH'o N'iN '''' 49,
til next Monday morning, when Jus
tice Dowling, who Is presiding, will
announce his decision
The district attorneys suggestion
was a distinct surprise and called
forth the remark from Justice Dowl-
ing that it would have come with
greater force at the first hearing of
the case When Mr.. Jerome arose it
was generally believed that he was
about to contend against the admissi-
bility Of young Mrs Thaws testimony
on the ground that it could not have
had very serious effect on the mind
of the man who became her husband,
inasmuch as the homicide did not oc-
cur until three years thereafter MI
jerome had previously objected to
Mrs. Thaw detailing conversations she
had with Thaw three years prior to
the tragedy but Justice Bowling ruled
that the decisions Of the defendant
were admissible on general principles
and without any reference to the
Wood case under which the evidence
in dispute was admitted last year and
on which Jerome had been expected
to ask a construction this year.
Il will not except to your honor's
ruling" said the district attorney as
he took his seat after his objection
"for the state has no power of APP
peal"
Then Mr. Jerome attacked the wit
ness in another way and by standing
Immediately in front of her ana OBJ
jecting to nearly every question Mr.
Littleton asked in her preliminary eX-
animation as her early history, cut the
young woman's recital from the ef-
fectiye narrative which 1t assumed last
year into hundreds Of fragments.
Many of the objections based on their
and immaterality 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 hu-
man interest which We're a part of
the narration last year when no OBJ
jections were offered. Mr. Jerome said
his objections were Intended to cut
out all stories about pet cats land 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 son'sl
conduct after meeting Evelyn
Nesblt and hearing her story, had Al
marked effect upon all who listened.
On account of her weak condition herr
examination was interrupted by con-
sent, to be- resumed some time next
week, when she will tell Of Thaw'sI
infancy District Attorney Jerome'sI
manner while the mother was on the
stand was all Difference, and It was
his suggestion which led to the re-
spite 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 experience the young woman
waited patiently for a ruling as to
each objection When they were sus-
tanned She was silent; when overruled
she was ever ready with her response.
Effective testimony was given at the
morning session by Miss Alice Fletch
er Of Washington d. G.. long time