The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1907-03-12
LUNG LEGAL BATTLE.
Delmas and Jerome Lock Horns
Over Admission of Evidence,
BOTH SIDES WIN AND LOSE.

Thaws Story Attacked.
New York, March 12.-On the first
day of the states case in rebuttal at
the trial of Harry K Thaw, District
Attorney Jerome came to temporary
standstill against the practically solid
wall the rules of evidence have built
around the story of Evelyn Nesbit
Thaw. Mr.. jerome began to attack the
story as soon as court opened.
Judge fitzgerald upheld the rule laid
down at the beginning of the trial, that
young Mrs. Thaw's story was admissi-
BILE only as tending to show the effect
it might have had in unbalancing the
defendants mind and that its truth or
falsity is not material.
Mr.. Jerome tried to avoid this rule
by declaring he was endeavoring mere
" to show by inference-by circum-
stantial evidence as to facts and de-
tails in the story that Mrs. Thaw
could not possibly have told the story
to her husband. Although he will
doubtless be blocked by the same rule
when the time comes, it is said the
district attorney may attempt in the
same way to prove an alibi for stan
ford White on the night he is alleged
to have maltreated young Miss Nesbit.
Both Sides Gain Points.
Nine-tenths of the courts session
was spent in argument, and in nearly
every instance when the smoke of con
fict cleared away Mr.. Delmas had
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 witnesses
would have testified to had they been
permitted. The district attorney called
ten witnesses, but aside from drawing
from the states eyewitnesses to the
tragedy the opinion that Thaw seemed
rational the night he shot and killed
Stanford White little Roadway was
made.
Lining up all his forces in rebuttal,
Mr.. Jerome decided to open his fight
upon the defense by attacking the
story told the jury by Evelyn Nesbit
Thaw. He called to the stand Freder-
ick W. Longfellow, formerly an attor-
ney for Thaw, and asked him first con-
corning the case in which Ethel Thorn
as is alleged to have sued Thaw for
damages because of cruel treatment.
Mr.. Delmas objected to questions along
this line under the professional privi-
lege of lawyer and client but before
Justice Fitzgerald sustained the objec-
ton and ruled out the evidence Mr. Je-
rome declared. 1.-THE story of the girl
tied to the bedpost and whipped by
Thaw is the story of Ethel Thomas.
This poor girl is now dead"
Never Saw Hummel Affidavit.
He showed Mr.. Longfellow the photo
graphic copy of the affidavit Evelyn
Nesbit Is said to have signed in the
Office of Abraham Hummel, alleging
that Thaw treated her cruelty while
abroad in 1908 because she would not
tell lies against Stanford White" Mr..
LongfeIlow then turned his entire ex-
animation to naught by declaring that
Mrs Thaw had never shown him pa
per similar to the Hummel affidavit in
any way. He thereupon was excused
without cross examination.
Police officers who saw Thaw the
night of the tragedy declared he acted
nationally.
Mr.. Jerome sprung something of
sensation by calling to the stand DR..
Rudolph Witthaus, a chemist and ex-
pert on poisons. The district attorney
framed a hypothetical question cover
ing Evelyn Nesbit's description of her
night with Stanford White in the studio
house and asked If there was any
known poison which would cause in
senslbility in two minutes and premit
of the quick recovery testified to by
Thaw's wife.
Wants Expert Opinion on Drugs.
"My question indicates the answer |
expect to get to this question" said
Mr.. Jerome, land If | can show there
is no such poison in the world; If can
show, in short, that there was no such
occurrence in the Twenty-fourth street
house as testified to, then it is for the
jury to infer whether or not Evelyn
Nesbit told her story to Thaw in Paris
in 1903"
Justice Fitzgerald here sustained the
objection interposed by the defense.
Mr.. Jerome also called James Clinch
Smith, brother-in-law of Stanford
White, to the stand, and another long
argument ensued. Mr. Smith was on
the Madison Square roof garden the
night of the tragedy. He knew Thaw
and spoke with him that evening. He
said Thaw stood in the aisle a minute
or more after reaching his seat and
looked over the audience intently.
Mr., Delmas objected to this. and 1t
was stricken out of the record. The at
torney for the defense also objected to
Mr.. Smith testifying at all, saying he
should have been produced during the
presentation of the case in chief.
There was another surprise in the
trial when the defense announced that
it had concluded to rest its case.
There are numerous witnesses who
can be called by Mr. Jerome in re-
buttal, including alienists for the state,
who have been in court studying Thaw
every day since the trial opened. How
ard Nesbit, brother of Mrs. Harry
Thaw; May Mckenzie and others have
been at call daily.
Thaw has issued statement deny
ing the reports of trouble between his
wife and members of his family.
ION the evidence as it now stands
viii certainly go to the jury" said the
district attorney. IF there is nothing