The Washington times., 1907-03-12

L
! as part of his case in chief and not TO
wait until row and present IT by way OF
an alleged rebuttaL
Jerome Corrects Delmas.
Jerome. correcting Mr. Delmas in the
point he made the admission that before
Mr. Smith had sailed on the second Eu-
rOpean trip on December "A. 1906. he
had been examined by the prosecution.
THE important fact that l refer 70
came to my knowledge but a few weeks
ago" said Jerome.
We'll then, why did the district at
torney make such tremendous efforts
TO secure Mr.. Smiths presence before
TINS trial began retOrted Mr.. Delmas.
why die the district attorney COM
municate with Black. Olcott Gruber,
BOnynge and some other firm to bring
him within the jurisdiction of this court
II the district attorney did not know
of the existence OF this evidence?'
jerome said that he had met a mem
Der or the bar at the Cafe Martin and
from him learned the nature of Mr..
smith testimony Mr.. Delmas said
that the district attorney appeared TO
be changing ground at will.
Delmas Argues at Length.
IF" said Delmas. the district sttor-
ney seeks to introduce this testimony
now because it is newly discovered, and
WIS not known to him until after the
commencement Of this trial. that is one
proposition; If he Seeks to introduce it
because the witness was until after the
commencement of tt:e trial beyond the
jurisdiction Of this court. that is an
other proposition and II is the one of
which the learned district attorney has
until moment ago been basing his ar
gument 10 your honor"
Il had Information that this witness
was on the roof garden" began Jerome
While he was I'm Europe on his second
trip. | received frformation that he had
a conversation with the defendant. /
cabled for him. and he arrived subse-
quent 10 the resting of the case for the
people.
When he arrived. 1 questioned him
and learned that he haC been at the
garden. ! asCertained. however. that
the information / had received as 20 the
conversation was incorrect. The wit
ness. l found. was not only an eyewit-
ness TO this shooting. but had a very
dlnerent conversation with the defen-
dant-a matter of the greatest imDor-
lance, and entirely and radically differ
ent from the earlier report l had re-
Ceived."
Mr.. Delmas said that in view Of Je-
rome'S failure 10 disclose which OF
these two sets OF facts he intended To
have the witness testify TO, the defense
was authorized 20 assume that he in
tended TO have the witness testify to the
first set Of facts.
Not authorized by me" broke in
Jerome
Delmas' Motion 0verruled.
AS long as the district attorney
chooses not to disclose which Of these
he proposes TO rely upon, I am author
lied by every rule Of law to assume
what he relies upon" answered Delmas.
Justice Fitzgerald. overIuling the OBJ
lection, said he did so in view Of the
fact that many Of the points of testi-
mony of Mr.. Smith We're entirely new
10 the district attorney.
ROundsman Edward F Howe was
then called 10 the witness stand. He
was questioned by Jerome. Smith was
excused until 2 o'clock.
Q--On the night of June % 1906. did
you see the defendant in custody of
Officer Wright
A.-Yes; / accompanied them to the
T'ation house and was present when the
prisoner was arraigned before the ser
geanJ
Q.-What dr. you say to the sergeant
IN the presence OF the prisoner. or near
enough for him to hear2
Delmas objected, on the ground that
II was not in the nature Of rebuttal.
What the defendant said and did is
admissible said Delmas; but not what
anybody else said
Mr.. jerome referred to the ruling of
the court on similar point IN the case
OF DR.. Kennedy. accused Of numbering
Dolly Reynolds.
Ruling in Kennedy Case.
Daniel OReiny, who had been of
counsel in the Kennedy case, said that
the court Of appeals in that case hadi
upheld the confession OF the defense
that in rebuttal Cor. the prosecution
could produce testimony as to what the
prisoner lad said. but not as to what
others had So id al the time Of the ar
rest
THE fact that this Offices took from
the defendant a weapon or "A shield for
weapon is no evidence Of his sanity"
said Delmas.
But If they c1nyersed during that
time II would be relevant" said Jerome
Q-Have any cony ersatiOn with him
Ayes
Q--What was it you said and what
was il he said2
the desk l said. so you did some shoot
II he hit the person he aimed at and he
said Yes" l asked him WAS IL a
man or a woman and he answered
1T was a man
Q.-Was he in your opinion at that
time rational or irratiOnal2
Additional.
CrOss-Examination by Delmas.
jerome then said.
You may cross-eXamine the witness |