The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-13


Mr.. Smith Mr. Thaw returned to where
his people were sitting. and Mr.. McCaleb
gave up his seat to him and Mr.. Nc
| caleb came over to me and sat down In
the chair Mr. Thaw had occupied We
talked for three or four minutes and
then Mr. Thaw left his seat and came
over to us. He stopped for moment and
then went down the Madison avenue
aisle looking to the left. Then Mr.. Nc
Caleb got up and went back and rejoined
Mrs. Thaw.
"Thaw went out Of the garden at the
entrance by the elevator and was gone
for two or three minutes. Then he re-
appeared, still looking about him. Then
he looked up into the gallery, approached
the gallery steps, and went up When he
came down little later, he passed me
and nodded and smiled. He walked ON to
where his party was sitting.
"As soon as he arrived the whole party
got up and began to put on their things
and prepared to go out Mrs Thaw and
Mr. McCaleb went first and then came
Thaw and Beale. AS they passed Beale
stopped and spoke to me for a few mo-
ments.
Describes Shooting.
Very soon after this heard three pis-
toll shots and saw a cloud of black
smoke. Then I saw Thaw aiming his
pistol at the ground. L said why, that's
Never mind what you said" corrected
Mr. Delmas, and Mr.. Jerome in unison.
Il went to the entrance, keeping my
eyes on Thaw all the while. Then I saw
man lying face downward on the floor
The mans face was so backened with
powder | did not recognize my brother
in-law and left the place without know
ing who the man was"
THE witness Is with you," said Mr..
Jerome. turning to Mr.. Delmas
Mr.. Delmas questioned the witness as
to what he did following the ira gedy
Smith said he learned who had been shot
by an extra paper. He went to his sis
ter's homo to see II he could be of any
service He found that his sister Mrs.
White was in the country.
Next Mr.. Delmas had the witness to
point on a diagram of the roof garden the
position he occupied and the point where
White sat.
ITO whom did you first relate the story
as you have told it here?" asked Mr..
Demas.
ITO my lawyer-Mr. Blackwell"
"When?'
"A few days after the tragedy"
And you told him, what you have told
here?"
Precisely"
81 also told my lawyer that II Thaw
claimed he was drunk or intoxicated he
about"
Never mind about what you told your
lawyer" said Mr.. Delmas.
Mr.. Smith said he did not know he was
wanted as a witness until he received
cablegram from District Attorney Je-
rome last month. He then came on the
first steamer
Photographer Introduced.
Mr.. Delmas asked the witness to bring
Mr.. Jerome's cablegram to court tomor-
row.
Mr.. Delmas had no further questions,
and Mr.. Smith was excused.
Rudolph Eckmyer, the photographer
who took the tired butterfly and other
pictures Of Evelyn Nesbit which have
been introduced in evidence, was called to
the stand and shown several photo
graphic negatives. He identified two of
them as negatives of the affidavit Eve
Ign Nesbit is alleged to have made in
Abraham HummelPs office.
The original affidavit was destroyed. A
photograph had been taken of 1t. how
ever by the same man who had been
employed by White to take pictures of
Evelyn Nesbt. Mr.. Jerome hopes to in
troduce the negatives as a foundation
for putting in evidence the copy of the
affidavit.
Mr.. Jerome, however, contented himself
today with Identifying the negatives.
When he comes to offer them in evil
dence Mr. Delmas said he would object.
| Were you ever employed in the Camp
bell studio?" Mr.. JEROME asked the wit
ness.
| IT was at one time the manager" re-
| piled Eckmyer
| Two negatives were then shown the
witness and he said there was In Camp
| BELLS studio a system Of numbering neg
| atiyes.
| Two photographs were then shown
him, and he was asked If he took them.
Before he could reply Mr.. Delmas OBJ
jected on the ground that it was an at
tempt to controvert the story which Mrs.
| Thaw told, and that this was plainly IL
| legal and not admissible.
| Mr. Jerome then produced the record
and read from 1t the statement made by
Mr. Delmas early in the trial to the eff
| feet that the defense would not take ad-
vantage of this privilege, but would give
| the prosecution all the opportunity posi-
| BILE to disprove the statements.
II now take advantage of that waiver
said the district attorney. And I now
offer to prove by this witness the exact
date on which these pictures were taken
which was, Mrs. rhaw testified the day
before she was drusged and raWshed by