Los Angeles herald., 1907-03-12
JEROME FACE
TO FACE WITH
A STONE WALL
Delmas Stops Bold
Attack
District Attorney Unable to Pick Mrs.
Thaw's story to Pieces, as OBJ
lections Are Sustained by
the Court
By Associated Press.


NEW YORK, March lion the first
day of the states case in rebuttal at
the Thaw trial District Attorney Jerome
today came to a temporary standstill
against the practically solid wall the
rules of evidence have built around the
story of Evelyn Nesbit Thaw.
Mr.. Jerome began to attack this story
as soon as court opened this morning.
There ensued a well-nigh ceaseless
battle between the prosecutor and Del
phin NJ Delmas, leading counsel for the
defense, at the end of which Justice
Fitzgerald upheld the rule laid down
at the beginning of the trial-that
young Mrs. Thaw's story was admiss-
ible only as tending to show the effect
it might have had in unbalancing the
falslty Is not material.
Mr.. Jerome tried to avoid this rule
by declaring he was endeavoring to
show by inference-by circumstantlal
evidence as to facts and details in the
story-that Mrs. Thaw could not pos
sibly have told the story to her hus-
band.
Although he will doubtless be blocked
by the same rule when the time comes,
1t is said that the district attorney may
attempt in the same way to prove an
alibi for Stanford White on the night he
is alleged to have maltreated Miss
Nesbit.
DeImas Wins the Day
Nine-tenths of today's sessions were
spent in argument, and in nearly every
| instance Mr.. Delmas won his point as
to the law while Mr.. Jerome in the
very argument itself had got before the
jury perfect knowledge as to what his
witnesses would have testified to had
| they been permitted.
The district attorney called ten wit
nesses of the tragedy, but little real
headway was made.
Lining up all his forces in rebuttal
Mr.. jerome decided to open his fight by
attacking Evelyn Thaws story. He
called Frederick w. Longfellow, for
merly an attorney for Thaw, and asked
Ethel Thomas is alleged to have sued
Thaw for damages because of cruel
treatment Mr.. Delmas objected, but
before Justice Fitzgerald sustained the
objection and ruled out the evidence
Mr.. Jerome declared:
"The story of the girl tied to the
bed post and whipped by Thaw is the
story of Ethel Thomts. This poor girl
is now dead"
DeImas objects
Here Mr.. Delmas objected to the dis
| trict attorneys remarks, and the lat
ter began an attack along a different
line.
| He showed Mr.. Longfellow the photo
graphic copy of the affidavit Evelyn
| Nesbit is said to have signed in the
office of Abraham Hummel, alleging
that Thaw treated her cruelty while
abroad in 1908 because she would not
tell lies against Stanford White"
Mr.. Jerome followed this up by ASK
ing the witness if Mrs. Thaw had not
turned over to him certain papers TO
which she had subscribed.
| Mr.. Longfellow said she had. There
was a long argument between Mr..
Jerome and Mr. Delmas, at the con-
clusion of which Mr.. Longfellow turned
his entire examination to naught by
declaring that Mrs. Thaw had never
shown him a paper similar to the Hum
mel affidavit in any way The witness
was therefore excused without exam
| ination.
Police officers who saw Thaw the
night of the tragedy declared he acted
nationally. Capt. Hodgins of the Ten
derloin district, however qualified his
answer to the question by saying:
Answers Stricken Out
"For a man who had just committed
a murder Thaw acted nationally"
! This was stricken out and he said:
"Well his eyes had a stare and a gaze
such as they show as l look now at
them"
This answer also was stricken out,
and finally the captain declared.
well, he seemed more rational than
irrational, and that's the best answer
1 can give"
| Many of the witnesses called by the
state during the presentation of the
case in chief were called today. All
declared Thaw seemed rational
| Mr.. Jerome called DR.. Rudolph Witt
haus, chemist and expert In poisons.
The district attorney framed hy-
pothetical question, covering Evelyn
Nesbit Thaw's description of her night
with Stanford White in the Twenty
fourth street studio house. and asked
If there was any known poison which
VIC dld cause insensibility in two min
utes and permit Of the quick recovery
testified to by Thaw's wife.
Argument Follows Question
Around this vital point, opening up
as it did a path through which the
prosecutor could march his forces in
attack upon the truth or falsity of Mrs.
Thaw's story, the storm of argument
ragged for an hour or more.
Mr.. Jerome pleaded with Justice Fitz-
gerald at great length. Mr. Demas
in reply cited Mr.. Jerome's words at
the beginning of the trial. At that
time the district attorney had the
court instruct the jury that young
Mrs. Thaw's testimony was permissi-
BILE only as tending to show what ef-
feet its relation to Thaw may have
had In unseating his mind"
The prosecutor further said that un-
der the rules of evidence he would not
be permitted to attack the truth of the
story.
"Now," said Mr.. Delmas in conclusion,
'he Is attempting to do that very
thing"