Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1907-03-14
BROS. New York City.

OF the Thaw trial In argument
today, Justice Fitzgerald over
ruled an objection Of the defense
in the matter Of allowing District
Attorney jerome to continue his
examinations of James Clinch
Smith, brother-in-law Of Stanford
White. The objection had been
pending since the adjournment
yesterday.
Smith had a conversation with
Thaw on the Madison Square
roof garden just before White was
killed. Jerome said the CONVEX
sation had very important bear
ing on the case and that he had
not learned of the conversation
itself until Smith returned from
Europe last month, after the
prosecutions of the case in chief
had closed.
Attorney Delmas for the de-
tense, fought the Introduction Of
this testimony to the last. but
Justice Fitzgerald ruled that in
the interest Of justice it should be
admitted.
FIlnt's Testimony Rejected.
Jerome thereupon asked that the
taking Of Smiths testimony be post
poned until the afternoon.
Jerome called another policeman
who saw Thaw the night Of the trag-
edy and who declared today that the
defendant acted nationally.
Jedome also called DR.. Carlton Flint
to whom Evelyn Nesbit is said to
have gone in 1902 with Jack" Barry
more the actor.
De!mas promptly objected to Flint's
testimony on the same grounds he has
offered against the other evidence of
collateral facts tending to contradict
young Mrs. Thaw's testimony. The
district attorney seemed to anticipate
the objection and said he did not care
to argue the point Fitzgerald sus.
tanned the objection and Flint was ex--
cused.
Attorneys Lose Temper.
James Clinch Smith, Stanford
Whites brother-in-law, was called as
a witness when the Thaw trial opened
today
A long argument as to the admissi
bility Of Smiths testimony ensued
Delmas, Hartridge and Jerome partic
ipating. the latter two losing THEFT
tempers at times. while Delmas re
tanned his usual cool and collected de
meanor and continually referring tc
Jerome as the Learned district attor
ney."
Delmas contended that Smith Shouts
have been examined at the beginning
of the trial and couldn't testify now ir
rebuttal. Jerome asked the court Il
exercise it's discretion in giving the
Jury the benefit of the testimony Of 6
witness yho was not available at tbs
times set for the trial.
DeImas and jerome Clash.
During his argument Jerome said he
and Hartridge had discussed the mat
ter and he thought they were in entire
accord as to the main facts.
when this matter is discussed II
court" broke in Delmas, 1T will b
discussed with me-
II don't know whether it will O.
not" replied Jerome, Hartridge is al
attorney Of record
4 Finally when Justice Fitzgerald an
nounced he was ready to rule on thu
issues, Delmas asked recess Of 81
teen minutes to confer with associate
counsel The request was granted.
After the recess Justice Fitzgerald
overruled the objection Of the defens
to Smith testifying.
Smith Held Thaw Rational.
j. Clinch Smith took the witness
stand after luncheon. Smith said OF
| the night Of the shooting of White. II
a conversation with Thaw at the Madi
son roof garden Thaw told him of hi
plans for going abroad later in tn
summer. Smith testified with consid
cradle difficulty as Delmas was cor
1 tinually obiecting to questions put b.
Jerome and the answers given by tn
witness.
!. Smith said Thaw roamed about tn
roof garden as if looking for some one
He went into the balcony and cam
down again. He then Joined his part
and all started to go out.
In few moments there were pisto
shots, he said, and White was dead.
Delmas concluded the cross exam
ination of Smith in few minutes, ha,
ing developed nothing new.
4 Eckmyer, photographer, was sun
moned to the stand Eckmyer too
the Evelyn Nesbit polar bear pictures
CHICAGO TRIAL BEGINS.