The united opinion. [volume] (Bradford, Vt.) 1881-1970, 1907-03-15
HOT ARGUMENTS
Delmas and Jer me Battle Over
Points of Law
A VICTORY FOR DEFENSE

OF Evelyn ThaW--ThOse who
Saw killing OF White Say That
HIS Slayer Appeared Rational
New York, March 12.-On the first
day of the states case in rebuttal at
the trial Of Harry X. Thaw, District
Attorney Jerome came to a temporary
standstill against the practically solid
wall the rules of evidence have built
around the story of Evelyn Thaw.
Mr.. Jerome began to attack the story
as soon as court opened. There ensued
a Welngh ceaseless battle between the
prosecutor and Mr.. Delmas, the leading
counsel for the defense, at the end of
which Justice Fitzgerald upheld the
rule laid down at the beginning of the
trial-that Evelyn Thaw's story was
admissible only as tending to show the
effect it might have had in unbalancng
the defendants mind and that its truth
or falsity is not material.
Mr.. Jerome tried to avoid this rule
by declaring he was endeavoring mere
ly to show by inference-by circum-
stantial evidence as to facts and details
in the story-that Mrs. Thaw could not
possibly have told the story to her hus-
band. Although he will doubtless be
blocked by the same rule when the time
comes, it is said the district attorney
may attempt in the same way to prove
an alibi for Stanford White on the
night he is alleged to have maltreated
Miss Nesbit.
Nine-tenths of yesterdays sessions
were spent in argument and in nearly
every instance when the smoke of con-
fict cleared away Delmas had won his
point as to the law, while jerome, in the
very argument itself. had got before
the jury perfect knowledge as to what
his witnesses would have testified to,
had they been permitted. Jerome
called 10 witnesses during the day, but
aside from drawing from the states
eye-witnesses to the tragedy the opin-
ion that Thaw seemed rational the
night he shot and killed White, little
real Roadway was made.
Police officers who saw Thaw the
Eight of the tragedy declared he acted
nationally.
Many of the witnesses called by the
state during the presentation of the
case in chief were recalled. All de-
clared Thaw seemed to them to be ra-
tional.
During the afternoon recess Jerome |
sprung something Of a sensation by call |
ing to the stand Dr. Randolph Witthaus, |
a chemist and expert in poisons. Je- |
rome framed a hypothical question
covering Evelyn Nesbit's description of |
her night with Stanford White in the
Twenty Fourth street studio house and
asked if there was any known poison
which would cause insensibility in two
minutes and permit of the quick recov-
cry testified to by Thaw's wife.
Around this vital point, opening UP
as it did path through which the
prosecutor could march his forces in
attack upon the truth or falsity of Mrs.
Thaw's story, the storm of argument
"a ged for an hour or more Jerome
pleaded with Fitzgerald at great length.
Delmas, in replying, cited Jerome's
own words at the beginning of the trial.
AT that time the district attorney had
the court instruct the jury that young
Mrs. Thaws testimony was permissible
only as tending to show what effect it's
relations to Thaw may have had in I'M
seating his mind. The prosecutor fur
Their said that under the rules of evil
ilence he would not be permitted to at
tack the truth of the story. Now"
said Delmas in conclusion, "he is at
tempting to do that very thing"
Mr.. jerome said he was not attack
ng the truth of the story. He was
FALLING for an expert opinion to the eff
fect that no known drug would produce
The effect testified to by Mrs. Thaw.
My question indicates the answer |
expect to get to this question" said Je-
ONE, land if l can show there is no
uch poison in the world; if l can show
n short that there was no such occur
ences in the Twenty-Fourth street
louse as testified to, then it is for the
ury to infer whether or not Evelyn
Iesbit told her story to Thaw in Paris
u 1908" |
Thaw's Mother Testifes
The mother of Harry Thaw took the :
FITNESS stand Wednesday to contribute
that she might toward saving her way q,
7ard boy from the death-danger which
lenaceS him. y
Mrs. Thaw's story before the jury :,
las brief. When Dolphin Delmas had y
eftly limited her examination to the ~