The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1907-03-12
State Secures AdmiS-
sion of Smiths
Testimony.
Defense Has Evidence
of DR.. Flint Ruled
Out.

NEW YORK, March 12-Jerome
won his greatest victory for the
State at moor today, when Justice
Fitzgerald decided to allow James
Clinch Smith, brother-in-law Of
Stanford White, to be placed on the
stand as a witness in chief in the
trial of Harry X. Thaw.
Mr.. Smith has made two trims to
Europe since the killing, and re-
turned the last time after the State
had rested its case.
Jerome since then has learned
how important Smiths testimony is.
Had Talk With Thaw.
Smith talked to Thaw on the roof
garden shortly before the killing of
White. Jerome declared today in
court that his testimony would tend
to show not only sanity, but the
grounds usually presented in maxi
ing out a case of first degree muir
der-premeditation.
In his testimony yesterday. Smith
got far enough to say that Ina
was scanning the audience, as if
looking for some one Il is believed
Smith viii say their conversation
was about 'justifiabIe homicide
Delmas Meets Defeat.
The entire morning session was
taken up with the hottest legal bat
tie Of the trial. and Delmas was de-
feated after he had made a most
stubborn and resourceful resistance.
James CliEch Smith. Stanford Whites
brother-in-law, was recalled 10 the stand
at tie resumption of the trial this morn
ing. Before Mr.. Smith took the wit
ness chair Mr.. Delmas addressed the
court on the subject of is discretion in
regard to receiving Mr.. Smiths testi
mOny.
I'VE should like to know" began Mr.
Delmas, Just 70 what extent this wit
ness is to be examined in rebuttaI."
Justice Fitzgerald said:
The district attorney has a witness
who was not available when the Deo1
pies case In chief was presented He
claims that this witness testimony
should be allowed and claims prece-
dents"
Conversations Referred To.
District Attorney jerome referred 70 a
conversation which he had with Clifford
w. Hartridge, Thaw's attorney Of rec
ord. during yesterdays session. In his
talk referred TO the district attorna,,
had cited the early history Of the case
subsequent TO the arrest of Thav, and
the application for special panel OF
r~eag
Recorder Goff in December Jerome hsd
asked Mr.. Hartridge If he recalled the
events as he had reclteu tnem f1artriot,s
agreed with Jerome in everything ex-
cept the summoning of witnesses. Ac-
cording TO Jerome he had instructed his
onlce stan in December TO keen under
subpoena witnesses who were consider
ed hostile 10 the prosecution.
Bartridge Replies to Jerome.
Mr.. Delmas refused to be bound to
any conversation Jerome had had with
Hart1dge and the district attorney then
otsdE 70 cite the events under discus
SION. Hartridge in answering Jerome
said
This man Smith left New York i'm
mediateiy after the tragedy and for
sPpine sPi MYSTERIOUS reason he looms up al
this time. He had returned about No
Nember and went abroad again on
Christmas Day. If the district attor-
ney wanted him he should have keur
witnesses"
District Attorney Jerome said:
Il had been informed by q mutraI
lIlend o. Mr. Smith. whom 1 had met
casually-a man known also n 1our
honor-that Mr.. Smith was in the citv
OF New York. 1 found that he was NOT
IN the jurisdiction OF this court. but y,
the vicinity. ] sent word 70 Mr.. Smith
that IL was a public duty for him 10
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