Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-01-20
,sron,e Renews Motion to Exclude
Public, Which Judge Bowling
Promptly 0verrules.
FOUND NO WARRANT FOR IT.
Harm Done by Publication More
Than Offset by the Safeguards
Thrown Around Defendant.
EVELYN Nesbit Thaw Called TO Stand,
Prosecution Making Strenuous
objections TO Her Evidence.

New York, Jan. 20.--Over the objec-
elm of Dist. Atty. Jerome. who de-
clared the recital three years before
.ho tragedy could have had no effect
On the DEFENDANTS mental condition at
The time he killed Stanford White. Mrs.
EVELYN Nesbit Thaw took the stand
a, the trial OF Harry X. Thaw her
husband. today and told again the
story of her experience as girl OF
IL in New York and of her meeting
with Stanford White at the house OF
,he velvet swing and the mirrored
nom; all. she declared, exactly as shs
told IT to Thaw in Paris in June, 1903,
when he had asked her to become his
wife.
The story was told to a filled court
roo-n, Justice Bowling having over
ruIed the motion of Dist. Atty. jerome
10 close the doors to all persons not
officially connected with the case. Mr..
Ilttleton for the defense, refused 20
hn in the motion, saying he preferred
10 leave the matter entlrly to the dis
cretion OF the court.
Young Mrs. Thaw's voice broke at
one time during her recital and the de-
iendant also wept. but the electric eff
feet of the testimony as given last year
was missing. This was largely due to
the course of the district attorney,
who interpossd an almost continuous
stream of objections and was nearly
always on his feet. standing Just be-
tween the witness and the defendant.
The attitude of the prosecutor awoke
a tone Of defiance In the witnesses
voice and this did not aid the story;
but the jury and spectators listened
intently.
There was no variance in the recital
from last years, but 1t was shorter. at
the instance of the court and the dis
trict attorney. Mr.. Littleton resented
Nj. Jeromes manner several times,
and once protested against the prose-
cutors attempting to lecture the wit
ness.
Just before the luncheon hour,
Mrs.. Thaw reached the story of
Thaw's q cmpt to take his life by
drinking uottle of laudanum at
Monte Caro- In 1901.
Earlier in that year, he had threat
ened to do the same thing in New
York and had wanted her to join him.
She humored him and diverted his at
tention. When he swallowe the poi
son at Monte Carlo he was alone.
When the Thaw trial was resumed
this morning, Evelyn Nesblt Thaw
peat her story OF year ago,
Dist. Atty. Jerome Immediately re-
newed his motion that the public,
Including the representatives of news
papers be excluded from the court
room. Mr.. Iittleton for the defense
said he desired to leave the matter
entirely in the hands of the court.
Jerome declared he understood Mr.,
Attleton to join the motion when 1t
was made last Friday and did not
grasp the chance. II said on Friday"
Ietortcd Mr. Littleton, that / would
like to spare Mrs. Thaw from the gaze
Of the idly curious, but as to all
points Of legality and propriety, l re-
lttrate what said then, that the mat
Ter rests entirely with the court"
Justice Bowling said he had con-
suited with the authorities cited by the
district attorney and could find no
warrant under the Constitution for
excluding the public from a capital
case. The harm done by publishing
The details OF revolving testimony, he
added, was more than Offset by the
safeguards thrown around "a defendant
by granting him speedy and public
hearing"
The court will not exclude any one
WHO conducts himself with propriety."
EVELYN TAKES STAND.
Mr. Littleton then asked Mrs. Thaw
70 take the stand and tell the story
Of her experience with Stanford White
as she told to Thaw in Paris In 1903
When he asked her to become his wife.
Jerome at once made a strenuous OBJ
lection
Here Is n recital OF years before
we homicide" declared the prosecutor,
Is absurd on the face OF 1t to say
mat this conversation three years be-
Iole accounted for the insanity OF tho
pfiehdant az the time of the killing"
justice bowling interrupted to say he
ionNd nothing In the authorities fix
Ing time limit to conversations or
easements Inducing or tending to In
ouoe insanity.
lie overruled the objection.
Young Mrs. Thaw was suffering to-
uay from q bad cold and coughed fit
fully while testIfying. In response
W. questions from Mr. Iittleton, tho
llness told again, but more briefly
lNn last year, of her experience In the
lNeniy-fourth street house where she
waf taken TO lunch with Stanford
Nhle and drank champagne and be-
.alle dizzy, She told again of the
river swing and the mirrored room
.nu me big Japanese parasol attached
10 lhe ceiling.
=. Every time you were swung up 10
, ~ ceiling your feet would craah
trough the paper OF the parasol," said
be put up
HER VOICE DEFIANT.
evidently induced by Mr.. Jerome'a
,sahl objections and hls manner OF
hpeiposlng himself between her and
, ,rp husband Mrs, Thaw's voice had a
iaaeo t Womanly defiance In II that WAS
m o al the frst trial aud that did
fita, 'ud to the effectiveness of her re-
,smn,n the prosecutor occasionally
,.ulu take his sent Thaw was gazing
ro,,,onuy az his Wife. When Mr. Je-
,s was on his feet the defendant
o,9ul crane his neck TO get view
we plne clad figure on the witness
s,"Na Win The round velvet hat and
- crown OF violcts.
LII IhHw, as last year, constantly
liberated that she was repeating only
Hial she mad told Thaw in Paris. Dlsf
If ~, Jerome constantly objected when
srsinsu TO him the witness WAS trans