The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1907-03-14

Mackenzie notified to be in court Mo
day prepared to go upon the witnes
. stand. Miss Mackenzie had bee
under subpoena by the state eve
since the trial began. She Is the int
mate friend of Thaw's wife and du
ing the first stages Of the trial tn
two were inserarable.
New York, March Ion the frs
day of the states case in rebuttal a
the Thaw trial, District Attorne
jerome came to temporary stant
still against the practically solid wal
the rules of evidence have bull
around the story of Evelyn Nesbi
Thaw. Mr. Jerome began to attacl
this story as soon as court opened
Monday morning. There ensued {
well-nigh ceaseless battle between the
prosecutor and Dolphin M. Delmas
leading counsel for the defense, at the
end of which Justice Fitzgerald up
held the rule laid down at the be
ginning of the trial-that young Mrs
Thaw's story was admissible only as
tending to show the effect it might
have had in unbalancing the defend.
ants mind and that its truth or fall
sity is not material
Mr.. Jerome tried to avoid this rule
by declaring he was endeavoring
merely to show by inference-by Cir
cumstantial evidence as to facts and
details in the story-that Mrs. Thaw
could not possibly have told the story
to her husband. Although it is said
the district attorney may attempt in
the same way to prove an alibi for
Stanford White On the night he is
alleged to have maltreated Miss Mes
bit.
Nne-tenths of Mondays sessions
were spent in argument and in nearly
every instance Mr.. Delmas won his
point as to the law, while Mr. Jerome
in the very argument itself had got
before the jury perfect knowledge
as to what his witness would have
testified to had they been permitted.
The district attorney called ten wit
nesses during the day, but aside from
drawing from the states eye-wit-
nesses to the tragedy the opinion that
Thaw seemed rational the uight he
shot and killed Stanford White. little
real Roadway was made.
Lining up all his forces in rebuttal,
Mr.. Jerome decided to open his fight
by attacking Evelyn Thaw's story. He
called Frederick w. Longfellow, for
merly an attorney for Thaw, and
asked him first concerning the case
in which Ethel Thomas is alleged to
have sued Thaw for damages because
of cruel treatment. Mr.. Delmas OBJ
jected, but before Justice Fitzgerald
sustained the objection and ruled out
the evidence, Mr.. Jerome declared:
THE story of the girl tied to the
bedpost and whipped by Thaw is the
sxory of Ethel Thomas. This poor
girl is now dead"
Here Mr.. Delmas objected to the
district attorneys remarks and the
latter began an attack along a differ
emit line.
He showed Mr.. Longfellow the pho.
tographic copy of the affidavit Eve
Ign Nesbit is said to have signed in
the office of Abraham Hummel-al-
Ieging that Thaw treated her cruelty
while abroad in 1903 because she
would not tell lies against Stanford
White"
Mr.. Jerome followed this up by ask
pg the witness If Mrs. Thaw had not
turned over to him certain papers to
which she had subscribed. Mr.. Long
fellow said she had. There was a
ong argument between Mr.. Jerome
and Mr.. Delmas, at the conclusion Of
which Mr.. Longfellow turned his en-
ire examination to naught by declar-
ng that Mrs. Thaw had never shown
lim paper similar to the Hummel
in any way. He thereupon
vas excused without cross examina-
ion.