Connecticut western news., 1907-03-14
JEROME STRIKES HARD
Scores on DeImas With James C.
 Smiths Testimony.
TO PROVE PRISONER SANE.
Stanford Whites Brother-in-law Tes- tifies of Talk With Thaw Just Before He Shot White-Says Defendant Was Quite Rational.

He Shot White-Says Defendant Was
 Quite Rational.
 New York, March 13.-After counsel had spent more than two hours in ar gument Justice Fitzgerald, presiding in the trial of Harry K. Thaw, over ruled the objection of the defense in the matter of allowing District Attor- ney Jerome to continue his examina- ton of James Clinch Smith, a brother in-law of Stanford White. MT. Smith had a conversation with Harry K. Thaw on the Madison Square roof garden just before White was killed. MT. Jerome said this conversation had very important bearing on the case, and he had not learned of the conver- sation itself until Smith returned from Europe last month after the prosecu- tion's case in chief had closed.
 Attorney Delmas, for the defense, fought the introduction of this testi- mony to the last, but Justice Fitzger- aid ruled that in the interest of justice it should be admitted.
 James Clinch Smith told a remarka- bly clear, succinct story of the events on Madison Square roof garden the night White was killed and of long conversation he had with Thaw just prior to the shooting.
 It seems that Thaw sat for some time with Smith during the Hateful first performance of "Mamzelle Cham pagne" and discussed with him vari- ety of topics in a manner, Mir. Smith declared, such as any sane man would talk. MT. Smith gave the conversation in detail, emitting nothing, he asserted.
 Discussed Wall Street.
 With the brother-in-law of the man who was so soon to be a victim of his pistol Thaw discussed the play, Wall street, common acquaintances, plans for the summer and many other things, including a "buxom brunette" whom Thaw declared he was anxious to have Smith meet. Thaw said he and his wife were going abroad later in the summer.
 There was no hint anywhere in the repeated conversation of Thaw's in- tent to infiict bodily harm upon any one.
 The district attorney attempted to follow up his victory in this instance by proving an alibi for Stanford White on the night the defense alleges he ravished Evelyn Nesbit. He called Rudolph Eckmeyer, the photographer who took the pictures of Evelyn Nes- bit Thaw which have been introduced r. Mrc, facfifiod that these pictures were taken the day be- fore White assaulted her.
 MT. Delmas objected on the ground that the evidence tended to contradict Mrs. Thaw's story and was not per missible.. MT. Jerome said he desired to take advantage of the waiver MT. Delmas had made at the beginning of the trial in regard to rebutting Mrs. Thaw's story.
 Tries to Prove White AIib.
 'If you will let me fix the date of these pictures" he said heatedly, T will show that on the night following the day they were taken, when Mrs. Thaw says she was ruined, Stanford White was not in the Twenty-fourth street house at all."
 MT. Jerome fairly shouted the last words and pounded the table before him. MT. Delmas said he must stand upon his objection, and it was sus- tained. He then moved that the dis trict attorneys improper remarks, to which he has given such emphasis of voice and gesture" be stricken from the records.
 MT. Jerome retorted by asking the court to instruct the jury that the al legged ravishment or nonravishment of Evelyn Nesbit had nothing whatever to do with the case.
 Justice Fitzgerald merely admonish- ed the jurors to pay no heed to the re- marks of counsel addressed to the court and to confine themselves strict ly to the evidence.
 MT. Jerome said he would next intro duce as witnesses Abraham Hummel and his stenographer. Then if his plans carried he would conclude the states perts-Drs Austin Flint Carlos Mac Donald and William Mabon.
 Jerome Baked by Defense.
 On the first day of the states case in rebuttal District Attorney Jerom came to a standstill against the prac- tically solid wall the rules of evidence have built around the story of Evelyn Nesbit Thaw. MT. Jerome began to attack the story as soon as court open ed.
 Judge Fitzgerald upheld the rule laid down at the beginning of the trial, tn; young Mrs. Thaws story was admiss. ble only as tending to show the effee it might have had in unbalancing th defendants mind and that it's truth : faIsity is not material.
 Mr. Jerome tried to avoid this rule by declaring he was endeavoring mere- ly to show by inference-by circum- stantial evidence as to facts and de- tails in the story - that Mrs. Thaw could not possibly have told the story to her husband. Although he will doubtless be blocked by the same rule when the time comes, it is said the district attorney may attempt in the same way to prove an alibi for Stan .I14 l. II11- T