The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-13

that If Thaw claimed he was drunk OF
Intoxicated he did not know what he
was talking about"
Never mind about what you told
your lawyer said DelInes.
Mr. Smith said he. did not know he
was wanted as a witness until he re-
= ceived q cablegram m. from District At
| torney Jerome last month. He then
came on the first steamer. Mr.. Del
mas asked the witness to bring Mr..
| Jerome's cablegram to court today.
/ Mr.. Smith was excused.
Rudolph Eckmyer. the photogra-
pher who took the Tired Butterfly
and other pictures of Evelyn Nesbit
which have been introduced in evil
dence, was called to the stand and
shown several Photographic negatives.
He identified two of them as mega
tives of the affidavit Evelyn Nesbit is
alleged to have made in Abraham
! davit was destroyed. A photograph
had been taken of it, however, by the
same man who had been employed by
White to take pictures of Evelyn Mes
bit Mr. Jerome hopes to introduce
the negatives as a foundation for put
ting in evidence a copy of the affidavit.
Mr.. Jerome. however. contented
himself with identifying the negatives.
dence Mr. Delmas said he would OBJ
ject.
Were you ever employed in the
Campbell studio?'' asked Mr.. Jerome
4 was at one time the manager"
replied Eckmyer.
Two negatives were then shown the
witness and he said there was in
Campbell's studio a system of num-
bering negatives
Two Photographs were then shown
him and he was asked If he took them
Before he could reply Mr. Deunas OBJ
'jected on the ground that it was an at
tempt to controvert the story which
Mrs Thaw, told and that that was
plainly illegal and rot admissible.
Mr.. Jerome then produced the rec
ord and read from it the statement
made by Mr.. Delmas early in the trial
TO the effect that the defense would
but would give the prosecution all the
opportunity possible to disprove the
statements.
II now take advantage of that
land now offer to prove by this wit
ness the exact date on which these
pictures were taken, which was. Mrs
Thaw testified, the day before she was
drugged and ravished by Stanford
White. And / further offer to prove
that on that occasion Stanford White
was not where she said he was,
Il have nothing to say except to in
sist on my objection" said Mr. Del
mas, and the court at once sustained
the objection.
Mr.. Delmas then asked that all that
Mr.. Jerome had said be stricken from
the record, as his Improper state
ments" had been made before the Jury
and referred to matters that were not
IN evidence and in the very nature of
things could not be in evidence
MI Jerome replied by stating that
the remarks could not be stricken
from the record, as they were ad-
dressed to the court in a legal argu-
ment and not to the jury
ION the other hand" he said. "I
ask that the court now instruct the
jury that the ravishment of this girl
which has been testified to is not an
issue in this case
Mr.. Delmas insisted on striking the
from the record.
Justice Fitzgerald instructed the |
Jury that they were not to consider |
any remarks that were made by the |
attorneys to the court. but confne |
properly in evidence
MI jerome here asked that an early |
adjournment be taken, saying he de- /
sired to consult with his assistant. Mr.. /
at the latter's home.
L will state for the benefit of the
continued the district attor- /
hey, that I will have but two more
Abraham HummeI and Shv-
1ecker. his stenographer, before end
ng my case with three experts. I am
HNDOIneClCali
question which 1 shall have printed
Ind submitted to the alienists and to
he defense.
I can not say how r-uch time I will
-equlre on. cross examination, but my
iirect examination of the three ex-
2erts will require but one days time. |
Thus, after the defense offers what |
may in sur-rebuttaI. We come to the
cumming up 1 will want three or
our hours
1t was finally stipulated that each
ide should have a day for summing
Up so as to permit of uninterrupted
arguments. In other words if the
evidence is concluded one day, Mr.
0eImas will sum up the next day and
he finishes before the regular hour
or adjournment Mr.. Jerome will not
,e compelled to proceed until the day
After court adjourned Mr. Jerome
md Mr. DeImas had a long conference
egarding the hypothetical question
which will be asked of the prosecu-
ions experts.
Mr.. Jerome's statement as to his re-
witnesses disposes of the re-
'crt that he would call Howard Nesbit
o contradict his sister. 1t also means
hat he has suddenly changed his
mind about calling Maize Toilette.
Katy Treasurer Dead.