The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1907-03-15

Delmas did not pursue this line of in
quiry. Evidently he had no desire 10
have II proved that Tbaw was drunk
when the shooting took place.
Mr.. Smith gave his testimony in a
clear direct manner, as il he had
nothing whatever to conceal and only
the truth to tell and everything that
he said was audible to everybody in
court His testimony appeared to be
worth all the trouble Mr. Jerome took
to obtain 1t.
In the afternoon Mr.. Jerome made a
vain effort to establish an alibi for
Stanford White with reference to the
night when Evelyn Nesbit Thaw testi-
fed that she was ravished by the ar
chitect in the West Twenty4fourth
street apartment. 1t will be recalled
that she testified that while she could
not fix the exact date of that night
| it was the night after certain photo
graphs had been taken of her at Mr..
| WlIiae's East Twenty!second street
! studio by a photographer named Ru-
dolph Eickemeyer. Mr.. Jerome's at
tempt to fix the date took the form
of calling Mr.. Eickemeyer to the wit
ness stand to identify the negatives of
those photographs. But the attempt
| failed as he must have known 1t
would, Justice Fitzgerald ruling that
! it was not allowable TO introduce any
testimony to controvert the truth of
any part of Evelyn Nesbit Thaw.s
story, except her statement that she
told all these things to Thaw. This
ruling was in line with the previous
rulings of Justice Fitzgerald, and the
same fate met the district attorneys
second attempt to get DR.. Carlton r,
Flint to state whether Evelyn Nesbit
had ever come to his office in com
pany with Jack" Barrymore, the ac-
tor. DR.. Flint is the doctor whom Mr..
Jerome called into court after young
Mrs. Thaw had testified that she had
never visited his office, and when con-
fronted with him she still insisted
that she. had never seen him before.
But though Mr.. Jerome could not get
upon the record any testimony con
troverting the story that Evelyn Mes
bit Thaw told, the impression produc-
ed upon the minds of the spectators
and by inference upon the minds of
the jury, was that he expected such
testimony would have been given If
his witnesses had been allowed to tell
! what they knew. A jury of course, is
sworn to decide case solely upon
the evidence adduced in court, but in
ferences are difficult to exclude, even
with the most conscientious inten.
tions.. Nor is it likely that the argu
ment on this point between Mr.. Jer
ONE and Mr.. Delmas will do the de
fense much good. Mr.. Jerome called
attention to the fact that long days
J ago Mr.. Delmas had said that the de
fense would willingly waive all its
rights to prevent inquiry into the
truth of Evelyn Nesbit Thaw's story
The obvious rejoinder for Mr. Delmas
to make was that Mr.. Jerome at thai
time had said that even if the defense
: waived it's rights in the matter the
! rules of evidence would not permi
/ the prosecution to controvert Mrs
|
/ thing of the kind. He merely sait
: that the court had all along ruleC
t against everything of the sort, ant
' he stood upon his objection, which tn,
! court promptly sustained.
!. At the end of the days proceeding
I Mr. Jerome said that he probabl.
! would have two more lay witnesse
t to offer in rebuttal. These are Abb
2 Hummel and his former clerk, who Il
1 alleged to have drawn the disputed al
t fidavit against Thaw for Evelyn Mes
bit. II the court adheres to his for
5 mer rulings it is difficult to see hoV
I Mr.. Jerome can hope to get their testi
2 mony before the jury. The district at
torney stated that his examination o
D hts expert witnesses. two of then
alienists, would not take more than
. day, including the time needed to pre-
! pound to them hypothetical ques
+ tion. Mr. Delmas' cross examination
b of them will consume, of course, what
: ever time Mr.. Delmas pleases. It ar
D peared that whole day will be a
q lowed for Mr.. Delmas to sum up TO
: TIE defense and another for Jerome T.
( present the peoples case. The chance
S that the case may go to the jury b,
t the last of next week therefore az
: pear to be excellent.