Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-03-13
DEFENCE RECEIVES HARD BLOW,
Jerome Loses His Temper and Mr..
Delmas Scores a P0int---Case
May Go To jury March II.

New York, March 12-The end of the
ThaW trial at last seems to be in sight
and the II men who have been in the
jury box for nearly eight weeks are to
be Harry ThaW'S judges. Tentative
plans for the final stages Of the trial
were agreed upon today by opposing
counsel, even to the detail of allot1ing
the time for the summing up. District
Attorney Jerome has at last burned be
hind him all bridges leading to lunacy
commission and has pointed his course
to proving that Thaw was sane the
night he shot and killed Stanford White
and that being sane his crime CONSTITUTE
ed murder in the first degree. Within
10 days or two weeks the case should
be in the jury's hands.
Mr.. Jerome played today probably
the strongest card he holds-evidence
which came to his knowledge but 4 few
days ago and which probably caused
him to abandon the idea of sending
Whites slayer to a mad house and to
try for 4 conviction under the criminal
statutes. Evidence came from Mrs.
Stanford Whites brother, James Clinch
Smith. who told a remarkably clear
story of the events on Madison Square
Garden the night White was killed and
of a long conversation he had with
Ihaw Just prior to the shooting.
1t seems that Thaw sat for some time
with Smith during the fateful first per-
form2ncc Of 'NIam'zelle Champagne"
ana discussed with him 4 variety Of
topics il a manner. Mr.. Smith declared.
s.ch as any man would talk. Mr.. Smith
n detail nnlnoit-
ting rothmc, ne asserted.
With the brOther-in-law of the man
who SO soon was to be 4 victim of his
pistol. Thaw discussed the play, Wall
street, common acquaintance, plans
for the summer and many other things,
including a "buxom brunette" whom
Thaw declared he was anxious to have
Smith meet. Thaw said he and his
wife were going abroad later in the
summer. There was no hint any
where in the repeated conversation, of
Thaw's intent to inflict bodily harm
upon any one. Mr.. Smith did say,
however, that Thaw, not having a re-
served seat, roamed about the garden
and continually looked in the direction
of the spot where he subsequently
killed White.
Attorney Delmas. for the defence,
bitterly fought the introduction of this
testimony for nearly two hours today,
renewing his argument begun yester-
day afterposn. He declared that Mr..
Smith was properly a witness i'll chief
and should rot be allowed to testify in
rebuttal.
Mr.. Jerome replied that he had
known only for a few days the real
value of Mr. Smiths testmony-The
conversations with Thaw-and he ap-
pealed to the discretion of the court to
allow the testimony to go in.
Justice Fitzgerald held that in the
interest of justice the jury was en-
titled to all the facts. 1t was one of
the most serious blows the judge has
dealt the defence since the trial be gan.
There was another policeman on the
stand today who saw Thaw the night
of the tragedy and who declared the
defendant at that time acted in ra-
tional manner. Mr.. Jerome also sum-
moned to the stand DR.. Carlton Flint.
the physician to whom Evelyn Nesbit
is said to have gone with Jack" Bar