Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-12
THAW LAWYERS ARE
DELAYING THE CASE
Objections by the Defense o.
struct the RebuttaI.
MAY TAKE ANOTHER WEEK
Jerome Desires to Prove an klibi for
White.
WANTS ]. C. SMITH TO TESTIFY
District Attorney and Counsel In
dulge in More Wrangling and
the Trial Goes Slowly.
WANTS ]. C. SMITH TO TESTIFY

Special Dispatch to The Star.
NEW YORK March 12.-For two hours
today at the trial of Harry X. Thaw Dis
trict Attorney Jerome and Mr.. Demas bat
tied over the introduction of evidence
which in the ordinary course of things
would have been presented as direct testi-
mony by the prosecution-and Jerome won.
The argument was over testimony of
James Clinch Smith. the brother-in-law of
Stanford White. who had a conversation
With Thaw the Madison Square roof
garden an hour or so before the shooting
Mr.. Smith had been in Europe and had re-
turned after the prosecution closed and the
defense was well along with it's case. Mr.
Jerome put him forward as a rebuttal wit
ness yesterday. and the argument begun
then was continued when court opened to-
day.
Overnight Justice Fitzgerald had read
authorities which had been cited by Jerome
in his contention. The result of the argu-
ment was hat Justice Fitzgerald allowed
Smiths testimony to be taken, but the
morning session had been consumed and
it was arranged that Mr.. Smith should be
the first witness called after the noon re-
cess.
Nothing was said about the nature of the
testimony that Mr.. Smith had to give out
side of the statement of Mr.. Jerome that it
was highly important, both as bearing on
the soundness of mind of the defendant
and as containing one of the essential ele-
ments that tend to make up charge of
murder in the first degree.
1t was reported round the court room
that the conversation between Mr.. Smith
and Thaw had concerned a homicide case,
in which the man who did the shooting had
been allowed to go free. In his argument,
however, Mr.. Jerome said that from the
talk he had with Mr.. Smith on his arrival
from Europe he found that the conversa-
ton which he thought had passed between
Whites brother-in-law and his Slayer was
entirely different from what the first re-
ports made it.
The ruling in favor of Mr. Jerome caused
lot of comment to just how far the
district attorney would endeavor to have it
applied. For the present it concerned only
the specific witness and his testimony. 1t
was thought though, that the decision
practically had the effect of reopening the
case for the prosecution, and that the dis
trict attorney might invoke the same rul-
ing if he wished to cal witnesses who
would be shut out under the regular rules
of rebuttal.
NEW YORK, March 12.-With the re-
sumption of the Thaw trial this morning
MIR. Delmas, leading counsel for the defense,
continued his argument of yesterday as to
the admissibility of the testimony of James
Clinch Smith, brOther-in-law of Stanford
White, who absent from the country
when the prosecution put in its case in chief
against Harry Thaw, and who was intro
dueed as a witness yesterday afternoon by
District Attorney Jerome to tell of certain
conversations he had with Thaw on the
Madison Square roof garden the night Stan
ford White was shot and killed. Mr.. Del
mas contended that Mr.. Smith should prop
erly have been examined at the beginning
OF the trial and could not testify at this
time in rebuttal
Mr.. Jerome asked that the court exercise
Its discretion in giving the jury the bene-
fit of testimony of a witness who was not
available at the time the case was set for
trial
Mr.. Smith formally was recalled to the
stand when the argument began this morn
ing
Mr.. Delmas said that the matter was one
OF the greatest Importance to the defend
ant, and he thought the defense was enti-
tied to fuller explanation of Mr. Jerome's
grounds for his application
Mr.. Jerome said he was willing to go into
the whole story and tell all the facts
MI. Hartridge and l have talked the
matter over. and | think We are in entire
accord as 20 the main facts" he said
When this matter is discussed in court"
broke in Mr.. Delmas, 1t will be discussed
with me-
Il don't know whether il will or not" re-
Piled Mr.. jerome. MIR. Har;ridge is the at
torney of record
Disappearance of Smith.
After little sparring Mr. Delmas re-
sumed his seat and Mr.. Jerome began to
detail all the facts regarding the delay in
bringing Thaw to trial. and the stems
taken by both sides TO secure an immediate
trial. and to obtain certain testimony by
commission, Mr.. Hartridge occasionally in
terrupting to correct the district attorpey
in details of the story
Once Mr.. Hartridge made an extensive
argument, Mr.. Jerome protesting the while
that the attorney allow him to proceed
Mr.. Hartrfdge claimed that the district
attorneys office had changed the case
one afternoon from the court of general
sessions to the supreme court without any
notice whatever to the defense
This witness Smith left the city al
most Immediately after the tragedy" said
MIR. Hartrldge holly, land he continued to
absent himself for long time Suddenly
he came back. Surely Mrs. White knew
that her brother was in the city, and she
was in constant touch with the district
attorney Then Smith sails away again
last Christmas, when 1t was known
this case was coming up for an early
trial"
Here Mr.. Jerome was allowed to pro-
coed.
After completing the narration of what
had happened between the time of the
homicide and the trial, Mr. Jerome said:
Il will now present to your honor the
legal basis for my request"
Il do not understand what the learned
district attorney means by legal basis"