The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-03-13
BrOther-in-Law of Slain Man
Tells His Story to the
Jury.
TALKED WITH THAW JUST
BEFORE HE SHOT WHITE
Declares His Conversation Was
That of a Perfectly
Rational Man.

= \ :. = II = = - - Z. -i3
{. NEW YORK, March 1.-THE y
r end of the Thaw trial at last :.
i. seems to be in sight. Tentative ::
!. plans for the final stages of the =
+ trial were agreed upon today by =
= opposing counsel, even to the +
!. detail of allotting the time for !.
+ the summing up. :.
!. District Attorney Jerome has :.
= at last burned behind him all :.
;. bridges leading to a lunacy COM :.
= mission and is irrevocably !.
= pointing his course to proving =
+ that Thaw was sane when he =
:. shot Stanford White, and that, :.
:. being sane, his crime consti- !.
= tuted murder in the first degree, :.
:. Within ten days or two weeks =
:. the case should be in the juy's :.
i. hands. =
= = !. :: :: :: = X !. = r !. = = + :. !.
Mr. Jerome played today probably
the strongest card ne holds-evidence
which came TO his knowledge but n
few DAYS ago, aud which undoubtedly
caused him to abandon the idea of try
ing TO send White 8 slayer to n mad.
house and try for a straight-out con-
viction under the criminal statutes
ford Whites brother, James Clinch
Smith. who told a remarkably clean,
succinct story of the events of Madi~
son Square Garden the night White was
killed and of long conversation he
had with Thaw Iust before the shoot
ing,
1t seems that Tbaw sat for some time
with Smith during the first performance
of ''Ma-selle Champagne, and dis
cussed with him variety of topics III
manner. Mr.. Simth declared. such as
any sane man would talk. Mr. Smith
gave the conversation in detail, omit
ting nothing. he asserted.
With the brother-in-law of the man
who was so soon 10 be a victim of his
pistol. Thaw discussed the play, Wall
street. common occurrences, plans or tbs
future and other things, including
'buxom brunette whom Thaw declared
he was anxious have Smith meet
Thaw said he and his wife were gong
abroad later in the summer. There was
nothing anywhere in the repeated con-
versation of Thaw's intent to iuflct
bodily harm upon anyone. Mr., Smith
did say. however that Thaw, not hav-
ing n reserved seat, roamed about the
Garden and continually looked i'll the
direction of the spot where he subse-
quently killed Stanford White.
Delmas Fights Hard.
Attorney Delmas, for the defense,
bitterly fought the introduction OF tnls
testimony foy nearly two hours today,
renewing his argument begun yesterday
afternoon, He declared Mr.. Smith was
properly witness in chief and should
NOT be allowed to testify In rebuttal,
Mr.. Jerome replied that he mad
known only for few DAYS the real
value Of Mr., Smiths tostimony-tho
with Thaw-and he ap-
pealed to the discretion of the court TO
allow the testimony to go IN.
Justice Fitzgerald held that IN the
interest of justice the jury was entitled
to all the facts. 1t was one OF the
most sroious blows the Judge had deais
the defense since his trial began.
There was another policeman OH tho
stand today who saw Thaw the night
of the tragedy, aid who declared the
defendant MT that time actde IN ra-
tional manner.
Mr.. Jerome also summoned to the
stand DR.. Carlton Flint, the physician
"a whom Evelyn Nesbit is said 10 have
zone with Jack" Barrymore, the
actor. Mr. Delmas objected and pr-
Flint was not allowed 10 testify, lt
was said later that DR.. Flint had been
served with new subpoena-by the
dcfeuse-and that he Will be called III
10 answer the questions he
was not permitted to answer today
Photographs Testimony
AS The last witness of the day the
District Attorney called Rudolph Eek
mver, the photographers who took the
pictures OF Evelyn Nesbit Thaw which