The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-03-13

Justice Fitzgerald here interrupted to
at StS issue. su wa" Mr.. pelmas rec requested flfteen
minutes In order to consult with the as
sooiate counsel, and the time was grant
ed and recess was ordered
Three Subpoenas Issued.
After the recess Mr.. Delmas stated that
subpoenas were Issued from the District
Attorneys office for witnesses first in
October, then in November, and finally
on December 3 This fact, Mr.. Delmas
declared. showed thnt the District At
torney could have summoned Mr.. Smith
and had him here when the trial opened
THAT statement is traversed absolute
ly." broke In Mr.. Jerome.
Then on that point we are at Issue,
replied Delmas
Mr. Jerome cited number of author
tiles to support his contention that there
would be no error I'm Justice Fitzgerald
in aid OF the case already made
He spent nearly half an hour upon the
citations, and resumed his argument.
that ns a matter Of justice he be allowed
60 take the testimony OF Stanford Whites
brother r-lnw.
buttal II not direct evidence, Mr.. Smith
should be allowed TO testify as the state
proposed 10 contradict the contention OF
the defense and show that Thaw was OF
sound mind the night he killed White.
I'VE Will go further said Mr., Jerome,
"and show the elements In this case
which go to make up murder in the first
degree defined by the statutes.
Mr., Jerome sat down and Mr.. Delmas
arose to reply once more, but had hardly
started when Mr. Jerome interrupted to
ant conversations Smith had had with
Thaw upon the Madison Roof Garden
until the former returned from Europe
last month.
II was at dinner Mt Martins recently"
said Jerome, when a friend asked me
why | did not call Smith. He told me
Of Smiths conversation with Thaw and
that was the first / heard of it,
''Then you would reopen the case en-
tirely," replied Delmas. "to put in newly
discovered evidence must protest
against any such course"
Delmas closed with plea for the court
to exercise It's discretion in favor of the
defendant.
Jerome Scores Point.
Justice Fitzgerald said the evidence
Mr. Smith had to offer was newly dis
covered and in the interest OF Justice
should be given to the jury,
Il overrule the objection" he con-
cluded
Mr.. Jerome asked that the examination
luncheon recess to enable him to call
Police officer Edward Howe TO the
stand. This was granted
Howe said that upon the night OF June
% last he was walking down Madison
avenue when he met Policeman Wright
with Thaw in custody. He accompanied
them to the police station.
In your opinion was the defendant
or Irrational?" Mr. jerome asked
The witness.
Rational"
, Jerome next called Dr. Carlton Flint,
The physician to whom Evelyn Nesbir is
said TO have gone with Jack Barrymore.
The actor,
When young Mrs. Thow was upon the
and declared she had never seen him
before.
do you know an actor named Jack
5arrymore?" asked Jerome.
We'll, I don't exactly know him" re-
olied the witness.
You know who he is. you have seen
lin?
Yes"
NO
You know who she is; you saw her
lere In COURT"
Yes, i saw her here in court
Sometime in 1902 did Jack Barrymore !
ND Evelyn Nesbit go together to your
ffice?''
rounds have before stated
.Delmas evidently referred to the rules
4 evidence protecting Mrs. Thaw's testi-
nony.
Jerome Again Blocked.
Jerome, did not care to argue the point
nd Justice Fitzgerald sustained the OBJ
ection. and DR.. Flint was excused.
Jerome had no other witnesses ready
nd the luncheon recess was ordered.
Maize Toilette. the chorus girl, was
/ the corridor outside the courtroom
hen the afternoon session began and
expected to be called as n wit
ess She was accompanied by Miss
I the time Evelyn Nesbit posed for the
ictures which have been offered In ev-
ence. Miss Jackson is expected to hx
ne date OF the picture-taking,
James Clinch Smith was recalled He
epeated his statement of yesterday that
e reached the roof garden the night OF
he tragedy at about 9:15 and seated
f'1{ei' the hall IP0h 'he manson avenue s'de
"Did you see this defendant enter?"
sked Mr Jerome,
II did"
Where did he come from?"
He came from the elevator
Was he accompanied by any one
HON you knew"
Il knew the two gentlemen, Mr., Nc
aleb and Mr.. Beale.'
Was. there lady with them7"
Ibid you know who she was?"
Il have no personal knowledge OF who
he was. / believe IL was Mr.. Thaw's
Now. please describe what you saw
ne defendant do and what you heard
Mr.. Smith proceeded with some diff
ilty. as Mr. Delmas objected almost
1ntinuously.
"Thaw walked by me with his party.
pparently not recognizing me"
Delmas Watches Every Point.
Mr.. Delnas objected. and the words
apparently not recognizing me- were
ricken out,
"Dld he recognize you?r asked Mr..
srome.
Delmas objected on the ground of i'm
ateriality, and was sustained.
Did Thaw say anything TO you?"
mo"
"Nor look into vour facao"
mo"
Proceed. commanded the District At
'rney,
Mr.. Tfaw was looking intently to the
Eht--"
DeImas objected TO "intently" and the
ord was stricken out.
He was looking over his right shoul- |
or. l followed him and his party with |
y eyes until they reached their seats |
n, Thaw put his three people in their |
,ats and walked back OF the seats and
.ood in the rear for about a minute"
What did he do them"
Tie stood for minute and looked
yer the heads OF the"
Delmas objected that the answer was
)t responsive, and Jerome withdrew the
Iestlon and answer
did you see In what direction his
;es were turned?" asked Mr.. Jerome
he was looking over the hends Of