The Cairo bulletin., 1907-03-13
WINS BY GETTING IN SMITHS
TESTIMONY GUT FOUNDERS
AMID OBJECTIONS.
END IS NOW IN SIGHT
Opposing coune-l Having Agreed Up.
on Final Stages--Whitcs Broth.
cr-in.Law on Stand--Prose-
cutcr Creates Scene.

New York. March l2.--The end 0
the Thaw trial at last sc ms to b.
in light. Tentative plans for the fina
stages OF the trial were agreed upol
today by The opposing counsel, ever
10 the details Of allotting time TO
summing up
Jerome has all last burned behind
him all bridges leading to lunacy
commission and has hrevocably
pointed his course TO proving that
Thaw was sane when he shot and
killed White and that being sane his
crime conatltuted murder in the first
degree.
Within ten days or two weeks the
case should be In the iurys hands.
Jerome's Strongest Card.
Jerome played today probably the
strongest card he holds-evidence
which came to his knowledge but d
few days ago and which undoubtedly
caused him to abandon the idea of
sending Whites slayer to mad
house and TO try for straight out
and out conviction under the criminal
ltatutes.
Fhe evidence came from Mrs. Stan
ford Whites brother James Clinch
Smith, who told remarkably clear,
succinct story OF the events on Madi-
son Square roof garden the night
White was killed. and of long con
vcrsation be had with Thaw Just prior
10 the shooting.
se1ms IN, n,ltn .nnt IhaT na, sn sat tor, dSQms
,rst nerforp,ance cf Mamselle Cham
ppunes and discus ed with him var
sout tones IN Z manner, Smith de-
,Fsa.l, rs iss'sss ~'','io
talk. rsh e he conversation IN
detail. $50 nothing, he assert
Cd.
With the eriliIaw Of The man
who was so Fl . be victim OF his
pistol Thaw piscussed the play. Wall
street. common 5acquaintances. plans
Ter the summer and many other thing
.rcluding "buxo'n brunette" whom
'gl,aw declared h., was anxions to
lays Smith meet. Thaw said he and
M wife were going abroad later in
lnc summer.
There was NJ hint anywhere IN the
ecpcated conversation, OF Thaws In
tent to inflict bodily harm upon any
ono. Smith did say however. that
Thaw, moi having a reserved seat. !
,oamed about the garden and contin-
Hally looked In the direction of the
spot where he subsequently killed |
White.
DcImas for the defense. bitterly |
lpught the introduction OF this tes-
iimony for nearly two hours today |
lie declared Smith was properly a
witness in chief and should not be al
low Il TO testify in rebuttal.. Jerome
replied that he had known only for
few days the real value of Smith's
testimony his conversation with
Thaw-and he appealed TO the discre-
flon OF the court to allow the testi-
nluny to go in.
Serious Blow to Thaw.
Fitzge raid held that in the interest
Of Justice the jury was entitled TO all
facts. 1t was one Of the most serious
blows the Judge has dealt the defense
since the trial began
jerome summoned TO the stand DR..
Carlton Flint. the physician. 10 whom
Evelyn Nesbit is said to have gone
with Jack" Barrymore, an actor Del.
mas objected and Flint was not allow
cd to testify. Il h said that Flint had
been subpoensed by the defense. and
that he would be called in sub-rebuttal
TO answer questions he was not per
mitted to answer today.
As the last winess of the day. the
district attorney called Rudolph Eek
myer. q photographer who took a
picture of Evelyn Nesbit Thaw.
which has been introduced I'm cvi-
dence- The photographer vas employ
ID by White. He had no sooner been
sworn than IL developed that Eek
myer had sl.o been employed by
White TO make Photographic copy
II an affidavit Evelyn Nesbit is said
TO have made in Abraham Hummel's
office.
Eckmyer Identified the negatives
made from the affidavits but they
we're not offered in evidence.
Jerome next tried TO get the photo
srsphsr to fix the dates Of certain pic
lures for which Evelyn Nesbit posed.
coping thus 70 establish the day tie
lesbit girl says she had her exper