The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1907-03-12
SHOW ALIBI
FOR WHITE
State Claims To Disprove Mrs.
Thaw's Story.
DELMAS MAKES A FIGHT.
Poison Expert Called To Impusn
fveIyn's Dragged Wine
Testimony
DELMAS MAKES A FIGHT.


his forces In rebuttal In the case OF
Harry n. Thaw, District Attorney Je.
rome began by cndeavorlng TO lay the
foundation for the introduction OF the
affidavit said 10 have been made by
Evelyn Nesbit In the Office Of Abraham
Hummel. lie was blocked ut every
turn, however. by objections from Mr..
Delmas. leading counsel for the de
Tense, and soon switched 20 the testi'
mony OF policemen who saw Thaw the
night OF his arrest and who declared
his actions seemed TO be those Of ra'
tlonal man.
Mr.. Delmas asked one Of the officers
II he had not overheard Thaw In his
cell say he had heard the voices OF wo-
men crying out.
The officer said there had been no
such statement In his hearing.
The first witness called Ia rebutisl
by Mr. Jerome was Frederick W. Long
fellow. Que OF the Thsw family's at.
torneys. lie was questioned about
Evelyn Thaw's alleged affidavit In
which she was said 10 have made
charges against Thaw.
Mr.. Longfellow said he had never
seen the AFFIDAVIT until Jerome showed
him the copy on the witness stand He
was asked II papers In the suit OF Eth
81 Thomas had been served ON Harry
Thaw. Ethel Thomas Il the girl Thaw
Is alleged to have tied to bedpost aud
whipped. The defense again objected
Mr.. Dclmas quoted NJ some length
from Mr.. Ierone's remarks at the be-
ginning 81 the trial. when Evelyn
Thaw was on the witness stand. Mr.
Jerome al that time said that Mrs
Thaw's testimony was permissible only
a. showing Thaw's state Of mind and
that be would not be- allowed "a con.
tmdlct n.
That i what the district attorney
said" declared Mr.. Dcltnas. from that
lofty standpoint Of judicial impartial
~ with which he has declared he was
clothea We Told him We wosld have
no objection 10 his attacking the truth
81 the wlfc's story"
"Now you d. object" snapped Mr..
Jerome.
Yes. because you would not accept
our offer To waive our right when the
story began rctorted Mr.. Delmss.
Mr.. Jerome said that morr than two
years before Evelyn Nesbii told Thaw
the story which II said 60 have unbal.
anccd his mind he knew all about the
evil ptncticcs of men In New York.
"Mr-. Thsw herself says she was
told the story of Thaw tying a young
woman 60 l-'lposi aud heating her.
That i the story 81 Ethel Thomas"
declared the district attorney.
AFR. Delmas arose 10 protest. Il
must seriously object 90 the learned
district attorney te-,ifying In this case.
aud l,cscech him not 10 continue 10
give the jury ~ facts bis understand
Ing of the points NJ issue" said Dcl.
mas.
Justice Fitzgerald instructed the jury
10 h. guided only by the sworn testi.
mony 81 witnesses and added that he
sustained the objection Of the defense
to the question about Ethel Thomas
ON the ground that fongfcllow was
acting a. Thaw's counsel aud his deal.
ingS with him we're confidential.
Iongf.llow was excused without
cross examination.
Mr. Jerome sprung something Of q
sensation by calling 10 the stand Dr.
Rudolph wltthaus. chemist aud cx.
pert In polsons. Thc-ilstrict attorney
framed - hypothetical question cover.
Ing Evelyn Ncsblfs description 81 her
night with Stanford White Ia the studio
house and asked N there was any
known poison which would cause In
scnslbillty In two minutes and permit
Of the quick recovery testified TO by
Thaw's wife.
Around ihs visal point. opening NJ
a. II did path through which the
prosecutor could march his forces In
attack upon the truth or fslsity of Mrs
Thaw's story. the storm ~ argument
ragged for an hour or more. Mr.. Je
rome pleaded with Justice Fitzgerald
NJ great length. Mr.. Delmas In reply
cited Mr. Jerome's own words NJ the
beginning of the trial.
SIR. Jerome said be was not attacking
the truth Of the story. lie was calling
for an expert opinion TO the effect that
no known drug would produce the 81
feet testified 10 by Mrs. Thaw.
"My question indicates the answer
expect 20 get 10 this question" said
Mr.. Jerome. and II can show there {,
no such poison IN the world: n I eau
show. In short. that there was no such
occurrence IN the Twcnty.fourth street
house NJ testified 10. then II II for the
Jury 20 infer whether or not Evelyn
Nesbit told her story TO Thsw In Paris
In 1909"
Justice Fitzgerald here sustained m,
objection interposcd by the defense.
Coroncrs Physician Leblanc was 10
called by Jerome 10 testify ~ TO how
far he thought Thaw stood from Whit
when shooting.
Dcimas objected. hut Justice flisger
aid allowed the witness 20 proceed. III
said there were powder marks on thu
face. lie yae then excused.
L..