The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-12
pale than red, and his eyes looked nat

pale than red, and his eyes looked nat
ural.
District Attorney Jerome called DR..
Rudolph Witthaus, an expert on pois-
ons. Doctor" asked Mr.. Jerome, ARE
you familiar with all the known drugs
that produce insensibil:ty when taken
through the mouth ?"
Il think 1 am"
Doctor, I am about to ask a hypo-
thetical question. Assume, sir, that
young woman 16 u years of age drinks
one glass of champagne with a gen
tleman after the theater; that after
eating she passed into another room
played the piano there and then pass
ed into a bedroom, where there was
another, small bottle of champagne;
that she. drank a glass of this cham
payne; that it tasted to her the same
as any other champagne, tow1t: Bit
ter; that within two minutes she heard
a pounding in her ears; the room be
came dark and she became insens1ble:
that while she was in a state of H.
sensibility she was ravished; that she
awakened in alarm and very shortly
thereafter drove with the man to her
hotel, where she sat down in chair.
remaining awake and looking out OF
the window until morning; assuming
all these facts. is there any poison
known to science that would produce
the insensibility indicated in the ques-
ton and permit the quick recovery al
so indicated in the question ??
Mr.. Delmas promptly objected on
the ground that the question was i'm
material, not rebuttal testimony and
not permitted under the rules of evil
dence as attacking the truth of Mrs
Thaw's statement to her husband
II take it as a general rule" said
Mr.. Jerome. in reply, that when
witness testifeS TO an important point
1t can be disputed. The principal fact
in this case is whether or not Mrs
Thaw told the story to this defendant
in Paris as she has testified she did.
If it can be shown that she did not
make that statement to Thaw then the
contention that this caused insanity
falls to the ground. There are two
ways in which the falsity of a fact
NAV be proved. The first is by direct
testimony. but It may also be proved
by circumstantiaI evidence where d.
rect evidence is not available Ihere-
fore the people are driven to cfrcum-
stantial evidence.
Il should say that the fact that we
can prove that the things she de-
scribed did not occur. for the answers
to the hypothetical question is evil
IDENTIFY circumstantial evidence, which
tends to show that main fact-her
statement that she told these Things TO
Mr.. Thaw-is not true.
stIf can show that there is no drug
known to science which will produce
the results she told of. L submit that
it is plainly admissible
He then conluded his argument by
saying:
The material question here is
whether or not Mrs. Thaw told this
story to her husband in Paris If |
can show that the things she is said
to have related did not take place; II
1 can show that there is no drug to
cause such effect. then that is evidence
from which the jury may judge she
never did tell these things she says
she did"
Mr.. Delmas replied by again read
ing from Mr.. Jerome's remarks at the
beginning of the trial
1.-THE very thing he is attempting 70
do now" said Mr.. Delmas. "he said at
the beginning of this trial he would not
be permitted to do under the laws of
this state.
after trial lasting more than six
weeks" concluded Mr.. Delmas. 1--WE
are told that the rule laid down by the
judicial district attorney at the begin
ming of the trial is not the law of this
state at ALL
Mr.. Jerome insisted that the Ques-
ton nov before the court was an en-
tireIy different proposition. Justice
FITZGERALD said he could not see the
matter in that light and sustained the
objection. DIR. Williams was excused.
After the usual afternoon recess of
fifteen minutes. Jerome called to the
stand lanes Clinch Smith. OF Smith
town. n Y Mr.. Smith said he was
brother-in-law CT Stanford White and
is a lawyer. On January 81. the day
the Thaw trial began, the witness said
he was in Paris and out of the courts
jurisdiction when the prosecution put
in its case in chief
Mr. smith said he was on the Madi-
son Square roof garden the night of
the tragedy. He had known Thaw for