The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-03-13

photographer was employed py Stan-
ford White He had no sooner been
sworn than it developed that Eckmyer
had also been employed by White to
take the Photographic copy of the afi-
davit Evelyn Nesbit is said to have
made in Abraham Hummel's office.
Mr.. Eckmyer identified the negatives
made from the a0idavits, but they were
not offered in evidence Mr., Jerome
next tried to get the photographer to
fix the dates of certain pictures for
which Evelyn Ncsbit posed, hoping
thus to establish the day she says she
had the experience with Stanford
White in the Twentyfourth street
house.
Mr. Delmas objected on the ground
that the evidence tended to contradict
Mrs. Thaw s story and was not permis-
sibe. Mr.. Jerome said he desired to
take advantage of the waiver Mr.. Del
mas had made at the beginning of the
trial in regard to the rcbutting Mrs.
Thaw's story
eff you will let me fix the date of
these pictures, he snid, heatedly, 81
viii show that on the night following
the day they were taken. when Mrs.
Thaw says she was Euined by Stanford
White, she was not in the Twenty
fourth street house at all. -
Mr.. Jerome fairly shouted the last
words, and pounded the table before
him. Mr.. Delmas said he must stand
upon his objection, and it was sus
tanned. He then moved that the Dis
trict Attorneys ''improper remarks,
for which he has given mach emphasis
of voice and gesture be stricken
from the records,
Mr.. Jerome Eetorted by asking the
court 10 instruct the Jury that the al.
legged ravishmcnt or non-ravishment OF
Evelyn Nesbit had nothing to do with
the case.
Justice Fitzgerald admonished the
jury to pay no attention to the remarks
addressed TO the court, and to confine
themselves strictly TO the evidence
Agreement as to Closing.
Il was after this conflict that the
agreement as to the closing stages was
reached. Mr.. Jerome said he would in
troduce as witnesses tomorrow Abra"
ham Hummel' and his stenogra pher
Then he would conclude the State s
case with the testimony of three eX.
perts-Drs. Austin Flint, Carold Nc
Donald and William Mabon. 1t was
agreed that after the defense has put
IN Its case in sur-rebuttal each side
shall have one clear day for the sum
ming up Then will follow the charge |
OF the court and the consideration of |
the evidence by the jury.
The experts will not be reached be-
fore Thursday, and, figuring upon the
disposal of one day, the last of the
trio will not he examined until Monday
next. The defense probably will oc-
cupy the remainder of next week, and
the summing up Will begin on Monday,
the 25th inst.
That would bring the charge to the
jury on Wednesday, March %.
Another Legal Battle,
With the resumption of the Thaw trial
this morning Mr.. Delnas. leading counsel
for the defense, continued his argument
OF yesterday as TO the admisSibilty of
the testimony OF James Ciinch Smith, |
a brother-in-law of Stanford White, who
was absent from the country when the
prosecution put in It's case In chief
against Harry *. Thaw. and who was
introduced as witness yesterday
afternoon by District Attorney jerome
with Thaw upon the Madison Square
Roof Garden the night White was shot
and killed.
MIR. Delmas contended that Mr. Smith
should have been examined at the begin
ming OF the trial and could not testify
at this time as in rebuttal Mr.. Jerome
Elk al hn Ice
cretlon in giving the jury the benefit OF
testimony of witness who was not
available at the time the case was set
Mr. Smith formally was recalled TO
the stand when the argument began this
Mr. belmas said that the matter was
enc o. the greatest Importance TO the
defendant and he thought the defense
was entitled 10 a fuller explanation Of
Mr.. Jerome's grounds for his applica-
ton.
Mr. Jerome said he was willing TO go
into the whole story and tell all the
Mr. HartrIdge and I have talked the
matter over and / think we are in en-
iire accord as TO the main facts" he
said.
When this. matter is discussed In
court: broke in MI Delmas, ''it will be
replied Mr.. Jerome "Mr. Hartridge is
After q little sparring Mr.. Delmas re-
sumed his seat and Mr. Jerome began
to detail all the facts regarding the de-
lay In bringing Thaw 10 trial and the
steps taken by. both sides TO secure an
Immediate trial and to obtain certain
testimony by commission, Mr.. Hartridge
occasionally interruptng to correct the
District Attorney in details OF the story.
Hartridge Attacks Witness.
Once Mr., Hartrldge made an exten-
siye argument, Mr.. Jerome protesting the
hn plTA
proceed,
Mr. Hartridge claimed that the Dis
trlct Attorneys office had changed the
case one afternoon from the Court OF
General Sessions TO the Supreme Court
without any notice whatever 10 the de-
fense, The witness (Smith) left the
city almost Immediately after the trag-
edy, Mr.. Hartridge said hotly, land he
continued TO absent himself FOR long
time Suddenly he came back Surely
MIS-. White knew that her brother was
In the city and she was In constant
touch with the District Attorney Then
Smith sails away again last Christmas
un ,l-