The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1908-01-20
District ATTORNEY
Fights With COntin-
ual Objections.
Jurors Show Keen
Interest in Girls
Story.

NEW YORK, Jan. 20.-Again a large
crowd fought today for admission 20
the Thaw trial. News that the defense
would continue the examination OF Ev-
elyn Nesbit ThaW Travelled quickly and
It was with difficulty that the court
officers excluded those who did not
have passes.
The Rev. Dr. T. Aked, pastor Of the
Fifth Avenue Baptist Church-J0hu J..
Rockefeller s-occupied d seat within o
few feet Of the witness stand He
watched the proceedings carefully, ex-
hibiting the greatest interest IN not
only the testimony Of the witness, but
the method Of procedure. It was thu
first time he had had an opportunity 10
witness a trial since his coming 10 this
country.
Evelyn was the first witness. A.
soon as she was summoned Jerome re-
newed his motion 10 exclude all spec
tators.
The district attorney cited a ruling o.
the higher court excluding all sac
counsel. court officers and friends Uf
the defendant from the trial chamber.
The authorities cited had 10 do with
Kansas II was because Of the charac-
ter OF the testimony given by a woman
that the public was barred or that oc-
casion.
Jerome added that because of the
hearty cooperation on the part Of Mr..
Littletoa he renewed his motion OF F.I-
day.
Evelyn Beams On Jerome.
During The argument Mrs. Evelyn
Thaw sat ~ the witness chair. She
nodded 10 her husband, and thereafter
gave the closest attention 70 the district
attorney. When Jerome said in his ar
gument that II was also out Of regard
for the witness that he took the posi-
ton Of being opposed to q public hear
ing, young Mrs Thaw beamea with ap-
parent satisfaction or the prosecutor.
The district attorney Friday made 2
motion 10 exclude the public from the
court room" said Mr.. Littleton. "Ths
matter came TO me as d surprise. OF
course, ! would be glad 10 spare any
witness. especially the one in question
want 70 know # am required 10 ex-
press the legality OF such an action.
The matter rests. not with me. but with
the court"
Justice Dowling then said
I have read the case cited by Afr.
Jerome, and cannot see how il bears on
this one. There IS in this State q law
which requires that a defendant shall
not only be given a speedy, but public
trial The question now arises what is
a public trial. The objection here IS n3E
against the admittance of the pEodc,
but against the publication OF the testI-
mony In my opinion, the public Is en-
titled to hear all the testimony
Thinks Damage Compensated.
1T is my opinion that whatever
damage is done the morals Of the COM
muntty bv the publication in full of the
testimony, IS amply compensated for by
the safeguard thrown around the defen-
dant by the preserving Of certain consti-
tutionaI rights"
When Justice Dowling had concluded
Jerome added that he intended taking
similar action at the first trial and
would have done so had he been IA
miIiar with the details Of the story OF
Young Mrs. Thaw's relations with stan
ford White.
Jerome's arguments appeared to be
directed at the jury more than the court.
1t seemed as IL his intent &c spare
the wife Of the defendant the exper-
Ience OF relating the terrible details OF
her story told to Tbaw in Paris was
more a play to win the sympathy Of the
Jury and 10 influence the members
against the defendant and his wife.
This was most clearly apparent when,
after the ruling Of Justice DOwllnE,
deuying his motion. Jerome remarked
tbat he regretted he did not have moro
hearty corporation on the part or the
counsel for Thaw IN his efforts 20 pre-
vent the publication OF the evidence.
Examination Proceeds.
With the ruling Of the court denying
Jerome's motion Littleton took Up the
examination Of his star witness. He
had not gone far before jerome inter-
rupted with objections to her testimony.
BY Littleton;
Q.-What did you tell Harry Thaw
when he asked you 20 marry him2
A.-That could not I to!d him It
was because Of Stanford White. He
asked me 10 tell him all about Stanford
White.
0.-Did you tell him:
Al did.
Harry Thaw?
Before the witness had a chance to
reply Jerome sprang 70 his feet. He
began & long argument, the substance
wears before the homicide could have
No baarfny on Thaw's mental condition
the night of the shooting
contention 8 absurd and fr-