Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-12
No. 1870.

of experience and education and my inabil-
ity to make myself clear in the English
language" responded Mr.. Jerome. by
legal basis | mean the statutes and the
law in the case.
my understanding of the term is not the
same said Mr.. Delmas, land / see no
reason for the district attorneys petty
sarcasm and loss of temper"
Il spoke more in sorrow than in anger,
replied Mr.. Jerome. and the argument
ended in a general laugh.
Mr.. Delmas, however, precipitated an
other conflict with the district attorney
very soon. He called attention to the fact
that Mr. Jerome had not definitely fixed the
dates of Smiths departure for Europe.
- want to caution the district attorney"
continued Mr.. Delmas
II need no caution no information from
the counsel" said Mr.. Jerome.
NO" said Mr.. Delmas, land l am not
willing to undertake the arduous task of
imparting any information to the learned
district attorney.
Justice Fitzgerald here interrupted to
say he was ready to rule on the point at
issue. Mr.. Delmas then requested fifteen
minutes in which to confer with associate
counsel.
The request was granted, and recess
ordered.
Jerome Demands Smith.
After the recess Mr.. Delmas said he
wished to state that subpoenas were issued
from the district attorneys office for wit
nesses to appear in this case first in Octo-
Der last, then in November, and finally on
December 3. This fact, Mr.. Deimas declared,
showed the district attorney could have
properly summoned Mr.. Smith and had him
mere when the trial opened.
That statement is traverSed absolutely
observed Mr.. Jerome.
Then ON that point We are at ISSUE re-
Piled Mr.. Delmas.
Mr.. jerome then went on to cite a num-
"a nj a los tn Mort in,,
that there would be no error in Justice
Fitzgerald allowing the prosecution to give
evidence in aid of the case already made
even though the defense had rested.
Mr.. Jerome spent nearly half an hour on
the citations and then resumed his argu-
ment lie eventually concluded with the re-
neWed request that as a matter of justice
he be allowed to take the testimony of STAN
ford Whites brother-in-law He asserted
that as a matter of rebuttal. if not direct
evidence, Mr.. Smith should be allowed to
testlfy, as the state proposed to contradict
the contention of the defense and show that
Thaw was of sound mind the night he shot
and killed Stanford White
we will go further" said Mr. Jerome
land show the elements in this case which
go to make up murder in the first degree as
defined by the statutes"
Mr.. Delmas arose to reply once more, but
had hardly started out on his argument
when Mr.. Jerome interrupted to say that
he did not know of the important CONVEX
saion Smith had had with Thaw on the
Madison Square roof garden until the for
mer returned from Europe last month.
Newly Discovered Evidence.
Mr.. Delmas said he was at a loss to reply
to plea from the district attorney which
was of such a constantly changing charac-
ter. First he desired Smith to testify in re-
buttal, then as direct witness under the
discretion of the court, and at last on the
ground of newly discovered evidence
Mr. Delmas wanted to know why Mr.
jerome stated yesterday that he had made
present at the beginning of the trial. when
at the time the efforts We're made the
prosecutor did not know the character of
the evidence to be offered.
Mr.. Jerome replied that he knew from
the first that Smith was on the roof gar
den, but when he first examined the wit
ness nothing was developed aas to the con-
versation with Thaw.
Il was at dinner at Martins recently +"
said Mr.. Jerome when a friend asked me
why l did not call Smith. He told me of
smiths conversation with Thaw, and that
was the first / heard of it,
Then you would reopen the case en-
trely, said Mr.. Delmas, Ito put in newly
discovered3vidence. l must protest against
any such course.
Policeman Howe Called.
Mr.. Delmas closed with plea to the court
to exercise its discretion in favor of the de-
PENDANT. He charged that Mr.. Jerome had
deliberately and Intentionally withheld his
knowledge as to the character of Smiths
testimony.
Justice Fitzgerald was brief in ruling He
said the evidence Mr.. Smith had to offer
was newly discovered and in the interest of
justice should be given to the jury.
| override the objection" he concluded. :
Mr. Jerome asked then that the exan1na-
n Ar Sr,1ifh ha -<x.-
the luncheon recess to enable him to call
Police Officer Edward F. Howe to the
stand. This was granted.
Howe said that on the night of June %
last he was walking down Madison avenue
when he met Policeman Wright with Harry
Thaw in custody. He accompanied ThaW
to the police station. Mr. Jerome asked the
witness what he said to Sergt. Mccarthy at
the station in the presence of the defendant.
Mr.. Delmas objected and finally Mr.. Je-
rome withdrew the question.
BY Withdrawing the question" said Mr.
Delmas, the district attorney admits it an
unlawful interrogation
Under these circumstances 1 renew the
question retorted Mr.. Jerome.
And | sustain the objection interposed
Justice Fitzgerald.
Did you say anything to the defendant
or did the defendant say anything to your
asked the district attorney.
Yes said, so you did some shooting
when 1 found the pistol pouch in his
pocket" said the witness
At Mr.. Delmas' request that part of the
answer relating to the finding of the pouch
was struck out.
His answer was Yes" went on the Of
fcer.
Then 1 asked him Did you hit the party
you shot at?' and he answered: Yes, 1
think l did p"
WAS it a woman or a MANI I asked p,
90 1t was a man. he answered"
I'm your opinion, asked Mr.. Jerome of
the witness, was the defendant rational
or irrational?'
Rational
Mr.. Delmas here took up the cross-ex-
animation of the witness, but asked only
a few immaterial questions, and the officer
was excused.
Mr.. Jerome here called Dr. Carlton Flint.
the physician to whom Evelyn Nesbit is said
to have gone with Jack Barrymore the
actor.
When young Mrs Thaw was questioned
she was confronted by DIR. Flint, and de-
clared she had never seen him before
DO you know an actor named John or
Jack barrymore" asked Mr.. Jerome.
We'll, don't exactly know him." replied
the witness.
You know who he is; you've seen him?'
Yes"
DO you know Evelyn Nesbit Thaw?"
NO" answered the doctor evident re-
luctant to answer any questions.
You know who she is, you saw her here