The daily morning journal and courier., 1907-03-12
JEROME AND DELMAS IN
 A LEGAL BATTLE ROYAL
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n Llunu Dh1 l LII 1OO 1A0
 (Continued from First Page.) girl is now dead" Here Mir. Delmas interposed an objection to the district attorneys remarks and the latter be- gan an attack along a different line.
 He showed MT. Longfellow the photo graphic copy of the affidavit Evelyn Nesbit is said to have signed in the office of Abraham Hummel, alleging that Thaw theated her cruelty while abroad in 1903 because she would not tell lies against Stanford White" MT Jerome followed this up by asking the witness if Mrs. Thaw had not turned over to him certain papers to which she had subscribed. MT. Longfellow said she had. There was a long argument between MT. Jerome and MT. Delmas, at the conclusion of which MT. Longfel- low turned his entire examination to naught by declaring that Mrs. Shaw had never shown him a paper similar to the Hummel affidavit in any way I16 luSIGupOll Wdo SASuSSN "AS-0 cross-examination.
 Police officers who saw ThaW the night of the tragedy declared he acted rationally. Captain Hodgins of the Tenderloin precinct, however, qualified his answer to the question by saying once that flor man who had just committed murder, Thaw acted ration ally" This was stricken out and he said: "Well, his eyes had a stare and a gaze such as they show as now look at them" This answer was also stricken out and finally the captain declared:
 ''Well, he seemed more rational than irrational, and that's the Best answer I can give
 Many of the witnesses called by the statee during the presentation of the case in chief were recalled to-day All declared Thaw seemed to them to be rational.
 During the afternoon recess MT Je- rome sprung something of sensation by calling to the stand Dr. Randolph Witthaus, a chemist and expert in poisons. The district attorney framed a hypothetical question covering Evelyn Nesbit's description of her night with Stanford White in the Twenty-thlrd street studio house and if there was any known poison which could cause insensibility in two minutes and permit of the quicE recovery testified to by Thaw's wife.
 Around this vital point opening up as it did a path through which the prose- cutor could march his forces in attack upon the truth or falsity of Mrs Thaw's story, the storm of argument ragged for an hour or more MT. Jerome pleaded with Justice Fitzgerald at great lergth Mir. Delmas, in replying, cited MT. Jerome's own words at the begin ming of the trial At that time the dis trict attorney had the court instruct the iury that young Mrs. Thaw's testimony was permissible only as tending to show what effect it's relations to Thaw 1t may have had in unseating his mind. The prosecutor further said that under tho rules of evidence he would not be permitted to attack the truth of the story.
 Now" said MT. Delmas in conclu- sion. The is attempting to do that very thinz."
 Mir. Jerome said he was not attacking the truth of the story He was calling for an expert opinion to the effect that no known drug would produce the effect testified to by Mrs. Thaw.
 My question indicates the answer l expect to get to this question" :" said MT. Jerome, "and if l can show there is no such poison in the world; if can show ir hort that there was no such occur ronco in the Twenty fourth street house as testified to, then 1t is for the jury to infer whether or not Evelyn Nesbit told her story to Thaw in Paris in 1868
 Justice Fitzgerald here sustained the objection interposed by the defense. | When late in the afternoon Mir. Je- rome called James Clinch Smith. a brother-in-law of Stanford White to the stand another long argument ensued. MT. 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 minute or more after reach ing his seat, looking over the audience intentlv.
 MT. Delmas objected to this and it was stricken out of the record, The attorney for the defense also objected to MT Smiths testifying at all, saying | ha should have been produced during the presentation of the case in chief, MT. Jerome said Smith was in Europt when the states case first was pre- sented He threw himeelf upon the dis cretion of the court and the matter was pending when adjournment until tomorrow morning was ordered,