Evening journal., 1907-03-11

alred could NOT have cauved tho brain
storm which led To Whites death.
ln hIs argument Jerome went into de-
tails setting before the fury facts whioh
hc could not have brought out on tna
stand polmns fought hard 90 keep ont
this line OF testimony Insisting 81 was
an encrl @ contradict Eveyn's testimony
OF what sho had told Thaw. and. thcrc-
fore. was nadmissib,c For haif an b ur
thc Wgumeni rasea back and fomh hc-
tween tho two awyois
The legal storm was procpIiated over
the fermIngly little question aelscd Longs
fellow after Jerome had ostab .hol tic
fact that hc had been Ttaw's alto ncy
i7r sometime prior 10 October, 1905 Tho
question was;
in the suit brought ny Ethel Thomas
were pape,s served on Mr. ThawT'
pelmas 90 hls objection read from tho
records of the ease WHOM the court had
ruled that the tuth or fals'ty of Eveiyns
story was not az ISSUE, that &c could ho
considered only as 20 its ensct upon tie
mind of thc defendant The records shou-
cd that Dolmas at that timc said Dc was
perfectly wiling that Tho state should 20
into the truth OF the story.
And now sou obiectr ntorpos.d
Jerome.
"Pcrmn me TO read from the statement
ol The learned district attorney from hls
lofty standpoint Of judicial impartlali,y
which bee SAYS has weighed upon him al
hrgugh ihls ease replied Delnas. Tho
attorney for The defense then read wheis
Jerome said that tho law prevented him
from goine into the olsc and That be had
10 try his ease recording 60 the law.
jerome then said hc did not wish 10 att
tnck EvolYns story. but wished TO show
that Thaw had knowledge two years pre-
vioug of Facts regarding tho relations OF
Evelyn and white ITO sald. however. that
later he might wish to attack Evelyn's
story Justice Ftzserald ruled ia favor oe
/ poimas and sustained the objection TO the
question.
A moment later Dolmas blocked Jerome
again
/ During the course of ihc Thomas utiga-
ton did you come into possession OF any
letters I'm the handwriting of this de-
fondantg asked Jerome.
Delmas objected and the court sustained
him, but the question was put in a dner-
cnt f0rm Delmas insisted the mnttcrs
jerome was trying TO bring out did not
como under the rebuttal testimony. as the
letters IL amy. were wrAtcn before june
1893 when Evelyn told nnaw her story and
when rhnw is alleged TO have suffered
the first "bram storm" Dolmas insist a
the evidence had no place in ihc hearins.
"Thcn in that case every fact In the tcsti-
mony relating 70 rhis defendant prior TO
June 1903 ought to bo stricken from tho
records. said Jerome
IL ann willing TO agree 90 uhat being
done" interrupted Dclmas.
Jerome was plainly taken by surprise.
llo recovered himself however and de-
clared this would also rule out the de-
fonso's hypothetical question. on which
htc Thaw experts based their opinion cf
Thaw's insanity. Dcinus would not agree
TO this and both attorneys dropped tho
subject as If it were too dangerous 70 be
played with longer
When Jerome tried TO renew his question
about lo.tola Dclmas rlised the point chat
any knowledge Longfelow might have n
resard 10 the Thomas suit or amy ict-
tors that had come 70 Longfenow in his
capacity as Thaw's attorney are therefor
privileged"
Justice Fitzgerald upheld this contention
aud ruled out an the questions.
THE MEETING AT THE DOCK
Jerome was careful to emphasize to tho
jury the fact the defense was resorting to
a privilege" 70 block his inquiry and
: turned his examination into another chan.>
mel.
S when did you sec Evelyn Nesbit after
you met her at the dockr' asked Jerome.
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