The Washington herald., 1907-03-13
JEROME DEALS BLOW
Introduces Additional Iesti-
mOny i'll Thaw Case.
BLASTS 'BRAINsToRM" THEORY
District Attorney Succeeds in PIac-
ing Mrs. Stanford whites Brother
on Witness Stand-TeIIs Jury of
Conversation with Accused on
Roof Garden just Before shooting.

New York. March l2.-District Attorney
Jerome to-day dealt the hardest blow
LAT he has yct administered so the
"brainstorm" theory by which the de-
fense has attempted 10 excuse the shoot
ing of stanford White by Harry X.
Thaw
This the district attorney accomplished
by means of the testimony of James
Clinch Smith. brother Of Mrs. Stanford
White. who testified that he was on the
roof of Madison Square Garden the nigi
thai the shooting occurred, and who told
of "a conversation he had there with Harry
Thaw before the shooting. 1t seemed Co
be tbe sort of talk that any sane man of
Tnasv's character and history might
give utterance TO, and most of those who
heard Alr Smiths testimony expressed
Jne opinion that It would have considera-
ulc weight with the jury.
IL was. i'm fact. a pretty successful day
for the prosecution, and its events in
court stm further strengthened the belief
that if jerome ever had any idea of try
ing 90 prove thar Harry Thaw is insane
1T the present time ard that therefore "a
commission i'm lunacy ought TO be ap-
pointed and the trial suspended pending
it's report, he had altogether abandoned
iaat notion.
Judge SustaiRs Jerome.
Mr.. Smiths testimony was admitted
only after a battle between the district
1ttoru,y and Dllmas that lasted nearly
all the forenoon. The upshot OF all the
argument was ,hat Justice Fitzgerald
IL. Y--raf
Justice he would exercise the discretion
vested IN him and allow Mr.. Smith to
testify
That Mr Delmas agreed with Mr.
Jerome that The evidence given by the
architects brother-in-l1U WAS Important
syas shown by lhe yig0r with which he
disputed almost every attempt the dis
trict attorney made TO get on with the
examination. Again and again, he Jumped
ND with objection after objection t0 tae
forms of Jerome's questions and 81 WAS
only by the exercise of the utmost TACT
skill and patience that the prosecution
was able to get Smiths story before the
jury.
Smith testified that he arrived on the
roof of Madison Square Garden about an
hour and a half before Thaw came in,
He did not know that White was 10 he
and did not in tact know that he was
there until an hour OF So after the shoot
ing he even looked at Whites body
after he had been killed. but did not
recognize him. because his lace was so
blackened with the powder that came
from the muzzle of the revolver thdt
barry ThaW used.
THIkS with Thav.
The witness further said that when
Thaw came in he saw that his party got
seats and then came and talked with the
witness. He had something to say about
the advisaDiIty OF buying steel and cop
per stocks about that time. saying that
Ee did not see any reason why they
should be selling so low.
1Ir. Smith added that Thaw asked him
where Mrs. Smith was, and on beius told
Jnat she was I'm Paris, he asked the wit
ness il he cared to be- introduced % %
woman whom he described as a "buxom
brunette" adding that if the witness
would like TO meet her he tThaw) would
arrange it, Smith said that he told Th1U
ie did not care 10 meet the brunette.
Smith further testified that when Thaw
left lim hc wandered about the roof, evi-
IDENTIFY looking for somebody. and that,
apparently not finding him. he went up
20 the gallery. whence ne looked down on
the crowd sitting below Thaw was Up-
stairs two or three minutes, Smith said,
and then came back TO where his party
WAS sitting got them started for the
door. and then walked down TO where.
as iJ subsequently, appeared, Stanford
White was sitting. The witness then
heard the three shots and saw Thaw ar
rested He took look at the body of
White and, not recognizing it ON account
of the powder stains, left the roof at
once.
DeImaS Cross-examincs
This was the Substance of Smith
story on the direct examination. When
Deimas took him in hand he said that
he had told his lawyer, Blackwell. that
Thrv Was drunk when he saw him ON
the roof of the Garden. Jerome made
no objection TO this question. and Del
mas did not pursue this line of inquiry
In the afternoon jerome made q vain
effort Go establish an alibi for White
with reference TO the night when Evelyn
Thaw testified that she was with the
architect in the West Twenty-fourth
street apartment II VIII De recalled that
while She did net fix the exact date cs
That night. 10 was the night after GER
tain photographs lad been taken % her at
Whites East TNenty-secoud street studio
ry photographer named Rudolph Eicke-
meyer. Jerome's attempt TO fix the date
took The form OF calling EiCkemeyer 10
tne witness stand 10 identify the mega
uFes of those photographs. But the at
tempt failed as ne must have known il
would Justice Fitzgerald ruling that it
was not allowable 90 introduce any testi-
mouy to contrayert the truth Of any part
of Evelyn Thaw story except her state
meut that she told an these things to
Thaw.
In Live with Previous Rulings.
This ruling was ia line wita the preyi-
ous rulings of Justice Fitzserald. and fb.
same fate met the distrc4 attorneys al
tempt to set Dr. Carlton n. Flint IN
state whether Evelyn Ncsbit had ever
come to his office in company with Jack
Barrymore. the actor. Dr. Flint is the
doctor whom Jerome called into court
after young Mrs Tbaw had testified that
she had never visited his Office. and
when confronted with him she still in
sisted chat she had never seen him be-
fore
At the end of the days proceedings
Jerome said that he probably would have
only two more lay witnesses to ofer i'm
I-buttaL These are Abe Hmmcl and his
former clerk VINO is Slleged Il have
drawn the disputed affidavit against
Thaw for Evelyn NesbiL If the court
aGheres To its former rulings it is difficult
to see how Jerome can hope 20 get their
testimony before the jury.
The district attorney stated that his ex-t
animation Of his expert witnesses. all eff
them alieuists, would nos take more than
q day including the time needed 20 pro
pound TO them "a Hypothetical question