Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-03-12
Justice Fitzgerald Uniformly
Rules Against District AttOr-
ney Seeking to DiScredit
Young Woman's Testimony,
DAYS SESSION OF CASE
D DEV0TED TO ARGUMENT
Prosecution Blocked by Solid
Wall of Rules of Evidence
Surrounding the Sensational
Story of Prisoners Wife.
tBy Morning journal Special Leased Wire


StOTV OF Prisoners Wife,
LBy Morning journal Special Leased Wire
New Yorl, uarob - IN tho ers
u"S Vi the state case IN feputtal Al
the Thaw trial District Attorney Jer-
ONE TODAY came to = tannorarv stand.
sttu ,r,.,,..
'7'''i'9' '''e pi"'''Ndl'S S'ilu wal
OF ru!es or evidence that have beer
pullt around the story OF Evelyn Mes
plt nav Mr. jerome began To al
tae% TINS story as soon as court opened
TINS morning. There ensued a well
nigh ceaseless battle between the pros
eeutor and Mr.. Delmas, leading coun'
sci ior the defense. at the end OF
WnlVh justice Fitzgerald upheld the
RUE laid down at the beginning OF
the h tllal-that young Mrs. ThaW's
StoiN was admissible only as tending
70 SNOW the erect u might nave nae
IN unbalanclng the defendants minG
and that its truth or falsity is not
material.
an, Jerome lried to avoid this rule
pN declaring ne was eudeaVoring
merely to show by inference-by cir
cumStantal evidence as to facts anc
detllIS IN the slorE-that Mrs. ThaN
could not possibly have told the storl
10 hef husband. Although he viii
doubtless be blocked by the samt
rule when the time comes, it is safe
she district attorney may attempt In
t!I tht same way to prove an alibi for
stanford White on the night he Is al
leged to have mallreated Miss Ncsbit.
"a s@e-tH'+ns ei-t9aaNS sessions WeFf
speht IN argument ana IN nearly eN-
cry instanace MI DelmaS won his
point as to the law, while Mr.. Jer-
ONE IN the very argument Itself, had
Sot heiole the Jury q perfect know J.
cage as to what his witnesses would
nave testlhed to had they been per,
mlttcd. The district attorney called
ten witnesses, during the DAY, but
aside OF drawing from the states eye
witnesses to the tragedy the opinion
lhat IhaW seemed rational the night
ne shot and killed Stanford White, lit
tie rral hcadWay was made.
lining up an his forces IN rebuttaL
Mf. Jerome decided to open his light
pE attacking ENelyh IhaWs story.
tie called FREDERICK W. LonglclloW.
IoImeflN an attorney Tor IhaW ana
asked hlm first concerning the case
~ WhlCh fihel ThomaS Is alleged 10
nave Sued lhaW tof damages because
n cruel treatment. Mt DelmaS op-
1ecled, but before Justice Fitzgerald
sustained the objection and ruled out
thr cNldelce. Mr. Jerome declared:
rhe story OF glrl tied to bed
post ana whipped by ThaW Is the
SloIN OF ttnei InonlaS' 1he poor glri
IS now dead.
Hcfe Mr. De!mas objected to the
dIstflcl attorneys remarks ana the
latter began an attack along dluer-
tht Hne'
tie showed Mr. Lohgfello" the phc'
l0graphlc copy OF the affidavit Evelyn
Nesbit ThaW Is said TO have signed
IN the oftce OF Abraham Hummel-
alleging that ThaW treated her cruelty
WhlIe abroad IN 1908 because she
"ould not ten the case against STAN
1ord Nhlte
Mr. Jerome followed this up by
aasklng the witness u Mrs. ThaW had
not turned over to him certain pa
pers to which she had subscribed. Mr..
LongfeiloW said she had. There was a
long argument between Mr.. Jerome
ana MI Delmas at the conclusion OF
Whlch Mr.; LongielloW turned MS en-
tire examination TO naught by declar-
ing that Mrs. ThaW had never shown
nm paper, similar to the Hummer
athdaVlt in any way. lie thereupoh
was excused without cross-eXamina-
tion.
Police officers who saw Thaw the
night of the tragedy declared he
acted nationally. Captain Hodgins 81
the tenderloin precinct however,
qualified his answer to the question
by saving once that TOR man Wh"
had Just committed murder, Thaw
acted nationally"
This WAS stricken out. and he said.
"Wcll, his eyes had a stare and gaze
such rs they show now rs look upon
them.
This answer also was stricken out,
and finally the captain declared;
well he'seemed more rational than
irrational--and that Is the best an
swer ] can give