Smyrna times., 1908-01-22
EVELYN TKAW
ON The STAND
All Spectators Nav be Excluded
When She Tells Her Story.
PRISONERS MOTHER TESTIFIES

New York, Jan. 18.-A series of |
surprlses brought the Thaw trial near
a crisis. Both Evelyn Thaw, the wife, |
and Mrs. William Thaw. the mother |
of the defendant, were en- the witness |
stand. and Just as the former was
about to relate anew the story of her |
life as she told it 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 well as the public gen
orally. Attorney Martin w. Littleton,
sf 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
10 waive that point in any iron-clad
manner the court might suggest. Pro-
ceedings were suspended until Mon
day, when Justice Bowling, who is
presiding. will announce his decision.
When Mr.. Jerome arose it was gen
orally believed that he was about to
contend against the admissibility of
Young Mrs Thaw's testimony on the
ground that it could not have had a
verv serious effect upon the mind of
1rv hoa hers
husband. inasmuch as the homicide
did not occur until three years there
after. Mr.. Jerome had previously oO-
iected to Mrs. Thaw detailing col
yersatiOns she had with Thaw thre
years prior to the tragedy, but Jul
tice Bowling ruled that the declars
tions of the defendant were admissibl
on general principles.
Then Mr.. Jerome attacked the wit
ness in another way and by standini
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 it assumed
last year into a hundred fragments.
Many of the objections, based upon the
irrelevancy 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 a part of the mar
ration last year when no objections
we're 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
marked effect upon all who listened
On account of her weak condition hel
examination was interrupted by con
sent to be resumed some time mex
week when she will tell OF Thaw's In
fancy. District Attorney Jerome
manner while the mother was on th'
stand was all Difference and 1t was nj
suggestion which led to the respite il
her ordeal. But when the young wifi
took the stand the change was marked
Jerome glared at her from the yer,
first and his objections were fairl,
shouted in her ears. Well accustome'
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 sh
was silent; when Overruled she wa
ever ready with her response.
Effective testimony was given at tn
morning session by Miss Alice {
Fletcher. of Washington, D. c., lon
time friend of the Thaws and frt
quent visitor at ther home. She sal
she had known Harry Thaw for twer
ty-six years and he had always in
pressed her as irrational.
Miss Catherine O'Neill, who nurse
Thaw as a boy, from his third TO n
tenth year added her evidence to thi
already adduced as to irrational col
duet and tendencies on the part OF IL
defendant.