Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-03-12
DELMAs FOUGHT IN VAIN.
Sought to Have introduction Of
This Evidence Denied But He
Was 0verruIed.
Smith Was Not In Country When
Tragedy Occurrcd--Dr, Flint Not
Allowed TO Give Evidence

New DIRK, March l2,-AfIeT coun-
sci had spent more than two hours OF
the morning session of the Thaw trial
in argument today Justice Fitzgerald
overruled the objection of the defense
in the matter OF allowing Dist. Atty.
Jerome to continue his explanation OF
James C, Smith, a brother-in- OF
Stanford White. Mr.. Smith had II con-
Nersation with Harry *. Th4w upon
the Madison Square Roof Garden just
before White was killed, Mr., Jerome
said this conversation had very inn
portant bearing upon the case ana
he had not learned of the conveIsa-
ton until Smith returned from Europe
last month after the case i'll chlei MAD
closed,
Mr. Delmas. FOR the defense. fought
the introduction Of this testimony to
the last, but Justice Fitzgerald ruled
that In the interest of justice 1t should
be admitted.
Taking of Mr.. Smiths testimony was
postponed until after noon.
Meanwhile Mr. Jerome called Dr.
Carlton Flint TO whom Evelyn Mes bit
IS said TO have gone In 1902 with Jack
Barrymore. the actor. Mr., Delmas
objected 10 DR. Flint's testimony upon
the same grounds that he has offered
against othsr evidence of collateral
facts tending to contradict young Mrs
Thaw's testimony.
The district attorney seemed to an
ticipate the objection and said lac did
not care to argue the point.
Justice Fitzgerald sustained the OBJ
lection and Or. Flint was at once ex-
cused.
A GREAT LEGAL FIGHT
with the resumption OF the Thaw
trial this morning, Mr. Delmas, lead
ing counsel for the defense, continued
his argument of yesterday as 10 the
adm disability of the testimony OF James
Clinch smith, brother-in-law Of STAN
ford white. who was absent from I'M
country when the prosecution put In It's
case in chief against Harry * ThaW.
ana who WAS Introduced as 4 witness
yesterday afternoon by Dist Atty Je-
rome to tell of certain conversations
he had with Thaw upon the Madison
Square Roof Garden the night White
was shot and killed
Mr.. Delmas commended that Mr.. Smith
should have been examined at the be-
ginning of the trial and could not tes-
fifty at this time as in rebuttal. Mr.
Jerome asked that the court exercise
its discretion In giving the Jury the
benefit of testimony of witness who
was not available at the time the case
was set for trial.
Mr.. Smith formally was recalled to
the stand when the argument began
this morning.
Mr.. Delnas said that the matter was
one of the greatest importance to the
defendant and he thought the defense
was entitled to fuller explanation OF
Mr. Jerome's grounds for his applica-
ton
A SHARP CoLLoQUY.
Mr. Jerome said he was willing to
go into the whole story and tell all
the facts.
MIR. Hartridge and ] have talked
the matter over and think We are In
entire accord as to the main ia cts" he
said.
When this matter is discussed in
court broke In MIR. Delmas, 1T viii be
discussed with me-"
.! don't know ~hether it will or not
replied MI Jerome. mir. Hartrdge
Is the attorney OF record"
After little sparring Mfr. Delmas re-
sumed his seat and Mr.. Jerome began
to detail all the facts regarding the de-
lay In bringing Thaw to trial and the
steps taken by both sides TO secure an
immediate trial and to obtain certain
testimony by commission. MFR Hart
ridge occasionally interrupting to cor
rect the district attorney in details
of the story.
Once Mr.. Hartridge made an exten-
sive argument, Mr.. Jerome protesting
the while THAI the attorney allow him
10 proceed.
Mr.. Hartridge claimed that the .,1s-
ttict attorneys office had changed tho
case one afternoon from the court OF
general sessions 10 tho supreme court
without any notice whatever 10 the de-
fef@e.
.iy-ba ,,.itraga - ,.osI e,-..t., -. ,
city almost Immediately after the tiag-
edy-," Mr.. Hartridge said holly, 'alid
he continued TO absent himself for
long lime. Suddenly he came back
Surely Mrs White knew chat her
brother was In the city and she was In
constant touch with the district Mt
torhey. Then Smith sails away again
case was coming up"
Here Mr. Jerome was allowed 70 pro-
coed.
After. completing the narration of
what had happened between the time
OF the homicide and the trial. MIR. Je-
rome said;
II will now present 10 your honor
the legal basis for my request
II 90 not understand what the
learned district attorney means by le-
gal basis. said Mr. Delnas. His
language Is not clear
All Delnlah VIII nave 10 paleOn INV
lack OF experience and education ana
my inability 10 make myself clear m
The English language" said Mr.. Jo.
rome. ''By legal basis | mean statues
and the law IN the case"
My understanding OF The term liz not
the same said Mr.. Delmas, "and sse
no reason for the district attorneys
petty sarcasm and loss Of temper
JEROME SPEAKS IN SORROW
u spoke more In sorrow than IN An.
ger" replied Ms. Jerome, and the areu-
fnent ended In general laugh
aII. Delnas, however, precIpltated
further conflict with The district attor-
ney by calling attention 10 the fact thai
Mi. Jerome had dehnItely fixed Inc
dates % Smiths departure for Europe.
~ want 10 caution the district attor-
ney," continued Mr. pelipas
II need no caution, no information
from the counsel, reJoined MIR. Jerome
NO. said Nit Delnaas, 'and / am
moi willing 10 undertake the ardurriH
task of hnpartlng amy Information 10
lac learned district attorney"
Justice Fitzgerald here Interrupted Ia
aaAN sn -.