The Montgomery advertiser., 1907-03-13
Jerome Has Inning in
 Court.
4 BR0THER-N-LAW OF WHITE
Smith Proves Fine Witness for the
 Prosecution.
Sat With Harry Thsw at Garsen Nisks of Killing and He Co.versea RatIonaIiy on Every
 Subject.


 New York, March 12.--The end of the Thaw trtsl at last seems to be fin sight. and the twelve men who have been Ia the jury box for nearly eight weeka are to be Harry K. Thaw's judges
 Tentative plans for the finaI stagaA of the trial were agreed upon today by oposlng counsel even to the detAft Of alloting the time for the summinx up. District Attorney Jereme at Iaet burned behind him all bridges faaalnm to lunacy commission and has frre- vocably been pointing his course 70 proving that Thaw was sane when h9 shot White and that being sane. his crime constituted murder in th0 hrst degree. Within ten days or two hands.
 Mir. Jerome played today probably the strongest card he hoIas--.avidaneo which came to his knowledEe but Il Jew days ego, and which undouhtediy caused him to abandon the Idea of sending Whites slayer to a mad hons0 and to try for a straight -ouk conylcff0f under the criminal statutes. Tho eNi- dence came from Mrs Stanford WhifeiH brother. James Clinch Smith. who told remarkably clear Buccinct story of the events of the Madison Square Gnr4 den the night White was killed. md long conversation he had wffh Thaw just prior to the shooting
 It seems that Thaw sat for sofna time with Smith during the fMtefuk first performance of "MamselIe Chanaz pagne, and discussed with him vm% rtety of topics fin a xnnner Mir. Smtfh declared, such aa any sane man would talk Mir smith gave the eanversa- ton !. In detail. emitting nothsng. he
 Discussed Every Tepse.
 With the brother -in-law of 4he man who was soon to be . victim of hEs ple- toA Thaw discussed the play. Wnff street, common acauaitancaa, pians for the summer and many other tkfnRA fta~ cludlng 2 buxom brunetta.1 whom ihaW declared he was anxious to have smith meet Thaw said he and hl4 wife were going abroad late ih tha auuper. There was no hink ans where n the reported conyeraatfon af Thnw V intent Co infiiet bodily harm upon nny one MT. smith did say. however thnk Thaw not having a reserved eaaf foamed about the garden and confina,. ally looked in the direction of tha ep6f White
 Attorney Delmas, for the defensa! bitterly fought the introduction Of this testimony for nearly two hours today. renewing his argument begun yesfer- day afternoon. He deciared that Mir Smith was properly witness-in-chlak and should not be allowed to testify ln rebuStal Mir. Jerome replied that ha had known only for a few days fha real value of Mir. Smith's testimony. the conversation with Thnw, md he appealed to the discretion of the coufH to allow hhe testimony to 70 in.
 Justice Fitzgerald held that in thS interest of justice, the jury was en4 titled Co all the facts. 1t was ons of the most serious blows the judge has dealt the defense.
 As the last witness of the day tho district attorney called Rudolph Eek< myef, the photographer who took fh& pictures of Evelyn Nesbit Thaw whicH have been introduced in evidence Ind photographer was employed by Stau~ ford White. He had no sooner hnem sworn in than it developed that Evea myer had also been employed by NhttG to make the photographic copies of tha affidavit Evelyn Nesbit is supposed tG have made in nummefs offfce
 MT. Eckmyer identified the negaffvea made from the afridavits but they were not offered in evidence.
 Mir. Jerome next tried to get fhG photographer to fix the dates of cer- tain pictures for which Evelyn Nesbic posed hoping thus to establish tha day the Nesblt girl says she had thg experience with Stanford in the Twen- ty-fourth street house.
 Jerome Drives Home.
 Mir. Delmas objected on the ground that the evidence tended to contradict Mrs. ThaW's story and was not per- missible. Mir Jerome said he desired to take advantage of the waiver Mr. Delmas had made at the beginning of the trial in regard Co rebutting Mrs. Thaw's story.
 If you will let me fix the dates of these pictures he said heatedly IT will show that on the night following the day they were taken Mrs. Thaw was not in the Twenty street house at all"
 Mir. Jerome fairly shouted the lash words and pounded the table before him. Mir. Deimas said he must stand upon his obpection ana it was susfain- ed. He then moved that the district attorneys improper remarks Tor whinh he has given much emphasis of voice and gesture, be stricken from the records
 Mir. Jerome retorted by asking tha court to instruct the jury that the alleged ravishment or non-ravishnen1 of Evelyn Nesbit had nothing whatever to do with the case.
 Jsstlce Fitzgerald admonlshea the jurors to pay no attention to the re- marks of counsel addressed to the court and to confine themselves strict~ ly to the evidence.
 It was after this conflict that agree ment as to the closing stages was reached.
 The defense will probably occupy the remainder of the week and the summing will begin on Monday the 26 instant. That would bring the charKa
 CHANGE OF N7Y1N1rn