The free lance. (Fredericksburg, Va.) 1885-1926, 1907-03-14
IJEIIAS rOILS jER0NB
.ttenpt to Discredit Evelyn's Story
0verruled by Court.
ATTACKS THAW's INSANITY PLEA

District Attorney Calls Witnesses Who
Declare Prisoner Acted Rational
When HE Killed Whte-Hs Hypo.
thetcaI Question Ruled Out.
New York March l2.-On the first
day OF the states case in rebuttal at
the trial Of Harry X. Thaw. District
Attorney Jerome came to n 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.
There ensued a well nigh ceaseless
battle between the prosecutor and Del
phin w. Delmas. the 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 adj
mlssable only as tending to show the
effect It might have had in unbalanc-
ing the defendants mind and that its
truth or falsity is not material
Mr.. Jerome tried 10 avoid this rule
by declaring he was endeavoring mere
" 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
tn her husband Although he will
doubtless be blocked by the same rule
when the time cores. It Is said the
district attorney may attempt in the
same way to prove an alibi for Stan
ford White on the night he Is alleged
to have maltreated young Miss Nesbt.
Lining up all his forces in rebuttal
MIR. Jerome decided to open his fight
upon the defense by attacking the
story told the jury by Evelyn Nesbt
Thaw lie called to the stand Fred
erick w. Longfellow. formerly an at
torney for Thaw, and asked him first
concerning the case in which Ethel
Thomas is alleged to have sued Thaw
for damages because OF cruel treat
mcnt. Mr. Delmas objected to ques-
tons along the line under the profess
sional privilege OF lawyer and client.
but before Justice Fitzgerald sustain
ed 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 Thomas This poor girl
is now dead Here Mr. Delmas inter
posed an objection to the district at.
torney's remarks and the latter began
an attack along a different line.
He showed Mr.. Longfellow the pho
tographic 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 1903 because she would not
tell lies about 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.. Long
fellow said she had rot There was
long argument between Mr.. Jerome
aud Mr.. Delmas at the conclusion of
which Mr. LongfellOw turned his en-
tire examination to naught by declar-
ing that Mrs Thaw had never shown
him a paper similar to the Hummel
affidavit in any way He thereupon
was excused without cross examina-
ton.
Police officers who saw Thaw the
night OF the tragedy declared he acted
nationally Captain HOdgins. OF the
Tenderloin precinct. however, quail
fed his answer to the question by say
ing once that FOR a man who had
Just committed murder Thaw acted
nationally" This was stricken ont
and he said "well his eyes had a stare
and a gaze such as they show as / now
look al them
This answer also was stricken ont,
and finally the captain declared. We'll
he seemed more rational than IRA
tional-and that's the best answer |
can give"
Many Of the witnesses called by the
state during the presentation Of the
case in chief were recalled. All de-
clared Thaw seemed TO them to be ra-
tinnal
Mr.. Jerome called to the stand Or.
Rudolph Witthaus, a chemist and ex-
pert in poisons The district attorney
framed a hypothetical question cover
ing Evelyn Nesbit's description of her
night with Stanford White in the oath
street studio house and asked If there
was any known poison which would
cause insersbility in two minutes and
permit Of the quick recovery testified
TO by Thaw's wife.
Around this vital point. opening up
as Il did n path through which the
could march his forces in
attack upon the truth or falsity OF
Mrs. Thaw's story, the storm OF argu-
ment ragged for an hour or more. Mr..
Jerome pleaded with Justice t1tzger-
aid at great length. Mr.. Delmas In
reply. cited Mr.. Jerome's own 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 permissible
only as tending to show what enect
its relations to Thaw may have had In
unseating his mind. The prosecutor
further eaid that under the rules OF
evidence he would not be permitted to
attack the truth of the story.
"Now." said Mr. Delmas, in conclu-
sion, "he is attempting to do that very
thing"
Mr.. Jerome said he was not attack
ing the truth of the story. He was
calling for an expert opinion to the ef'
feet that no known drug would produce
the effect testified to by Mrs. Thaw.
"My question indicates the answer
1. l.