Waterbury evening Democrat., 1907-03-12
SIP AIRING
 FOR TIME Jerome and Delmas Engaged in Several Warm Arguments at Opening of Trial
 
CARAVAN IS SICK
Districk Attorney Made the Announce. ment Alter Court Opened To-Day --hariridge Says That Jerome
 Tricked Them.

resumption of the Thaw trial this morning Mir Delmas, leading counsel for the defense, continued his argu- ment of yesterday as to the admissi- ,bility of the. testimony of James Clinch Smith, brother-in-law of Stanford White, who was absent from the country when the prosecution put in its case in chief against Harry .Thaw, who was introduced as a wit ness yesterday afternoon by District Attorney Jerome to tell of certain conversations he had with Thaw on the Madison Square roof the night Stanford White was killed. MT Del mas contended that MT Smith should properly have been examined at the beginning of the trial and could not testify at this time as in rebuttal.
 MT Jerome asked that the court exercise its discretion in giving the jury the benefit of testimony of a witness who was not available at the time the case was set for trial.
 MT Smith formally was recalled to the stand when the argument began this morning.
 Mir Delmas said the request of the district attorney was matter of the greatest importance to the de- fendant and he. thought the defense was entitled to fuller explanation of Mir Jerome's grounds, for his ap- plication. Si
 MT Jerome stated that he was will ling to go into the whole story, and tell all the facts.
 Mir Hartridge and l have talked the matter over and think we are in entire accord as to the main facts, '' he said.
 When this matter is discussed in court" broke in Mir Delmas. "it will be discussed with me-
 "I don't know whether it will or not" replied Mir Jerome; MT Hart ridge is the attorney of record"
 After little sparring Mir Delmas resumed his seat and Mir Jerome began to detail all the facts regard ing the delay in bringing Thaw to trial, and the steps taken by both sides to secure an immediate trial, and secure certain testimony by com mission, Mir Hartridge occasionally interrupung to correct the district at torney in details of the story.
 Mir Hartridge in long argument claimed that the district attorneys office had changed the case one after noon from the court of general ses- sions to the supreme court without any notice to the defense.
 This witness Smith left the city almost immediately after the trag- edy," said Mir Hartridge, hotly, "and he continued to absent. himself for a long time. Suddenly he came back. Surely Mrs White knew that her brother was in the city and she was in constant touch with the district at- torney. Then Smith sails away again last Christmas when 1t was known this case was coming up for an early trial.''
 Here MT Jerome was allowed to proceed.
 Assistant District Attorney Garvan was not present this morning and District Attorney Jerome announced that he was i'll.
 After completing the narration of what had happened between the time of the homicide and the trial, Mir Jerome said.
 T will now present to your honor the legal basis for my request"
 T do not understand what the learned district attorney means by legal basis" said MT Delmas; "his language is not clear"
 "Mr Delmas will have to pardon my lack of experience and education and my inability to make myself clear in the English language" re- sponded Mir Jerome. By legal basis I mean the statutes and the law in the case"
 My understanding of the term is not the same" said NIT Delmas. and see no reason for the district at torney's petty sarcasm and loss of temper"
 'I spoke more in sorrow than in anger" replied Mir Jerome. and the argument ended in a general laugh.
 Judge Fitzgerald overruled the ob- jection of the defense as to Smiths testifying and his examination vas postponed until later. In the mean time several more policemen testified as to the night of the murder and then Dr Carrolton Flint was called. Attor- ney Delmas objected to the physician testifying and the objection was su<-