The Washington herald., 1907-03-12
JEROME SHOWS HAND
Prosecutor VIII Attempt to
Prove ThaW Sane.
SPRINGS HIS FIRST SURPRISE
DistrIct Attorney Places Mrs. stan
ford whites Brother ON Witness
Stnnd-En Roof Garden Night Of the
ShOoting-DeImas AIIudes tn Pro-
cedure as ''DespicabIe TrieI>ery."

New York, March ll-That it is
Jeromes intention TO attempt TO prove
that Harry k Thaw was sane when he
shot Stanford White. at the same time
making an effort to show that Evelyn
Thaw never told the story to her husband
that she says she told him about White,
became evident to-day when the prosecu-
ton began 10 put in its case in rebuttaL
II had been hinted that Jerome had some
surprises in store for the defense. One Of
them came at the close Of the days ses-
sion. James Clinch Smith, Mrs. Stan
ford Whites brother was called 10 the
stand and it turned out that he was on
the Madison Square Garden roof the night
Of the shooting.
There WAS stiff fight between Jerome
and Delmas over the admission Of Mr.
Smiths testimony. and at adjournment
he was still on the stand 1t Will be de-
| icided tomorrow by Justice Fitzgerald
whether he Will be allowed to continue
his story Smith, who knew Thaw. told Of
seeing him come ia the roof garden that
night He got started on telling the story
of the shooting as he saw il. when he was
stopped by DeImas. who had been making
II running fire Of objections.
Not Proper RebuttaI.
Delmas' contention was that the testi-
mony was aOt proper rebuttal. and that If
Smiths evidence was Of any value il
should have been introduced in the prose
cution's case in chief But some OF his
testimony was admitted as being in re-
buttal. ana then jerome announced that
he would ask the court TO allow Smiths
testimony TO so to the jury as part OF the
peoples direct case.
According TO Jerome's presentation Of
his side, it was not anybody's fault that
Smith was not called as witness in
the direct case of the prosecution. Smith
was abroad. jerome said. and was out of
the Jurisdiction He pointed out that in
the Carlyle-Harris murder Trial the pros
ecution held back three letters. thinking
that certain testimony would be intro
duced which would have 20 be refuted
on rebuttaL But the evidence was not
introduced. and then the prosecution
asked 20 be allowed TO reopen its direct
/ ease in order 10 get the letters in eyi-
/ dence. Recorder Smyth consented 20 this
and Harris was convicted.
Calls IL DespIcabIe TrIckery.
DeImas characterized this as despicable
! trickery on the part Of the prosecution,
and Jerome agreed with him. But he
/ contended that II il could De done where
/ there was trickery with the approval Of
1 the court, then 1t was proper where there
was no uickery Harris was defended
[ by Jerome.
While Jerome did not get in evidence
some things he started to introduce. yet
there was so much argument and dis
cussion that the jury must have got a
pretty good idea Of what ne was driv-
ing at
For instance, Prof. r. A. Witthaus was
asked q hypothetical question by Jerome
covering the evidence relating to what
| happened the evening Mrs Evelyn Thaw
says she was drugged and ruined
JeTome's aim was 10 get Prof Witthaus
TO say that no drug known to science
could produce such a condition and its
after effects as the description given by
Mrs. Thaw Of what she SAYS happened
/ to her after drinking one glass of cham
payne.
There was "a lot Of discussion on whether
Prof. Witthaus should BE- allowed 10 an
swer Jerome. citing a decision Of the Ken
lucky courts. that where it was shown
that statement alleged 10 have been
made was untrue. il was some evidence
that the statement had never been made.
Judge Rules Out Question.
But Justice Fitzgerald refused TO accent
the view of the Kentucky court, and ruled
Z p,
ground had been thoroughly covered and
# was plain what Prof Witthaus' answer
would have been had he been allowed to
make it.
Jerome made another move to get the
affidavit which young Mrs Thaw is said
TO have made in Hummels office in evil
dence, but made no headway In this affi-
davit, which was made soon after she re-
turned from Europe in 1865. Mrs. Thaw is
made 10 say that she never told her hus-
band the story about White. but that he
got IL from others.
With the impression that the affidavit
had been turned over TO Lawyer Frank w
LOngfellOw, who was counsel for Thaw
and turned over by him to Thaw's present
lawyers, jerome called Lawyer Longfek
2
thing. Jerome and Delmas wrestled over
the affidavit for some time After they
had spent two hours on the question.
LongfeliOw said calmly enough that he
/ never saw the affidavit to his knowledge.
and never gave il to Thaws lawyers.
DeImas Objects to Amdavit.
Delmas made it clear that he is going
TO use everything in his power to keep
the affidavit out OF the case. In his argu-
ment with Jerome to-day he announced
that Mrs. Thaw did not state as a fact
that she had been TO HUmmeTs office and
that something uansplred there concern
ing an affidavit What she said was. she
told Thaw that story This being the
/ case it was not a question of whether or
not there was any truth or faIsity in
making the affidavit but it was simply a
question of whether she told Thaw about
it.
Mr.. LongfellOw was not an easy witness
for jerome. He was questioned about the
action said 10 have been brought by a
young woman named Ethel Thomas
against Thaw. But before much progress
had been made in that direction the
questioning was shut off. as LongfeIlow
was Thaw's lawyer at the time and Thaw
would not waive the privilege between
client and counsel
Delmas said with some dramatic effect
that where a mans life was at stake he
could waive no privileges
Several witnesses were produced TO
show that after the shooting Thaws acts
We're those Of a rational man. Policemen
testified that Thaw was rational Big
Bill Hodgins, who was captain of the
Tenderl0in station when Thaw was ar
rested, told of trying to get a statement
from Thaw in his cell. but was not sue
cessful- The most he would say was
that Thaw looked more like rational
than an irrational man