New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-12
SETBACK FOR JEROME.
Continued from FIRST page.

ground I prefer that the jury should leave the
M, Mr. PelmasIs there ANYTHING in =, the , fqst that
| Mr.. Jerome 1t is an inference that this witness
IS friendly witness. and therefore should not have
left the jurisdiction If the objection is 10 he based
| unpleasant facts.
/ Mr.. Delmas argued at length about the adj
mission of the evidence. He said:
Simply to say that this witness is a wit
fact that he is a brother-in-law of the deceased
and the fact that he is a member Of our profess
imn9rtance that the learned District Attorney
tendance at the trial long before the 2lst OF
JhnuaTy and II his business required that he
was way by which he could have been compelled
done no attempt ba been on nai KIND IN hs been
process of the court in order secure this wit
now when after weeks Of trial the people have ave
announced That they have closed their case, and
reopen the whole case which would of course
course of procedure is matter Whchs If matter
matter Of dsrein nave Your 70 bonor sbo o 9nt ut, It Is
DELMAs's MANY DIRECTIONS.
Mr. Jerome explained to the court the various
technicalities that were interposed before the
rial was finally begun. After an argument
lasting nearly hour Justice FItzGerald al
lowed Mr. Jerome To ask questions as far as
reouttal evidence was concerned: but the prose-
cutor did not get very fer. as Mr. Denas OBJ
Jected to nearly every question and was gem
| orally sustained Mr.. Jerome made a further
plea Tor the court to its discretion. mention
ing decision by Recorder Smyth in the CARLYLE
| Harris trial incidentally giving sly knock or
two 10 eX-Assistant District ATTORNEY Francis
L. Wellman. who prosecuted the case Mr.. Je
rome said:
,nr want o3 to tS sail your honos attention TO the ru
while an assistant for a number Of v"ars oT TS t
for his aby 5 as who G was as much respected
late Judge and bef n G tbn and that was the
the case Of the People aEt Carlyle Harris ib rssn
M s 9G PEOPLE was p IN a6soiutey and complete
absolutely and completely. "
Certain witnesses which the people had antici-
pated !, on behalf of the defendant would cal
and did not call and when ala not call them they
them tR- to pg! in the evidence evidence IN chief
6cby GeTan letters OF the defepdent OF most
h va uaiIas.ns cnaFacter which u was apparent
on the stand m ana IN Ta ;so would gbo put the
him on cross examination by these letters.
JEROME FIGHTS HARD
Mr.. Jerome went on to say that the rrosecu.
ton asked permission OF Recorder Smythe 10
reopen the case at the very termination OF II.
and put in in chief the letters referred TO- and
that the Recorder had allowed them TO do so.
Mr.. Jerome asked Justice FitzGerald as a
matter Of wise discretion to permit Mr.. Smith
to testify.
Mr.. Delmas replied:
II your honor please. IN the appeal made 10 your
cites case that is not at ali familiar 10 e Of
party named carlyle Harris. and il has been stated
II has been stated that the District AttornSy in
written By toe defendant which would all but con-
clusyely establish his guilt. deliberately and pur
the other side. and after the other had shaped
crushing violence for the nTst time s9rtinc G no
the defendant by virtue of the exercise Of dis |
and nd the result was a conviction was it not?
made q Of the mos extFSordnaTy S n Mds
Mr.. Jerome-I am not willing 10 defend IT.
Mt De!masLIt may be so. but from a rule OF
hesitation in appealing TO yoar honor to exercise /
sense fairness and Justice entirely nnsuded by
SO deceptive light as may be offered by this case
OF the District Attorney that would expose him |
else. than deliberately. Withholding testimony from
defendant. permit him TO shape his evidence on |
fit to make, and then spring a trap on him and |
crush him h cannot conceive Of any conduct that
Mr. Mr. Ts Jerome Lent entirely admit l. Mr.. Delmas
Mr.. Jerome-For this reason: | agree entirely
with Mr.. Delmas about it, thought i, was y |
II to the court and the court ruled against me- and
verdict and the man was put to death cited
the case for this reason thai If that extreme exer-
Court OF Appeals fortiori. il was something 10 |
fault on the part of the District Attorney or the
witness and no endeavOr To be tricky or trick or
before the jury the facts. " 81
The court did not rule but asked Mr. Jerome
20 send any other decisions to the Justices
home last night. and decision will be given
to-day.
LONGFELLOw FIRST WITNESS.
The first witness of the day was Frederick w
Longfeow, civil counsel for Thaw whom Mr.
Jerome had subpenaed TO endeavor to get evil
dence about a civil suit which Ethel Thomas
brought against Thaw in 1902 Mr.. DeImas.s
objections tied up the evidence despite Mr. Je
rome's most persuasive arguments Mr.. Jerome
said:
You will recollect that Mrs Thaw testified tho.
read 10 her and she shown a sienature anS
T5 [ rle adnua t was about suit in which Ethel
And Mrs. Thaw testified that Mr. Hummel said
that the suit could not to anything because
thing of that kind. The contention Of The defenco
Is mat this defendants mind was unseated nv
Whites conduct toward other women and thai 5
facts; which she told him which finally c1imi-
mated in his taking Stanford Whites life But. as
uloerstand; these things as IL is stated. created
such q terrible impression his mind that me
formed an insane deusion Of group of men whose
woman by drueging them. by force or by plying
IleI VIII Mine-that this group of four or five
And Mrs. Thaw further testified that these stories
which were told 10 Thaw were told her IN, nersnns
whom she characterised as the friends of Stanford
" hlte: together with certain other stories. She
~ ~ hin him ana sat these had added the horror
5 she sa III ba ana had thrown his Sind of It's
STERN. $500 |
What ] want to say Is that before any such