The Montgomery advertiser., 1907-03-13

been shot by an extra paper. He wen
 to his sisters home to see if he couit
 be of any service. lie round tnaS m
 sister. tMrs. White) was in the ooun' try
 Next MT. Deimas had the witness
 point out on . diagram of the rooi garden the position he occupied ant
 the point where White sat. l Told Story ta Lawyer. "To whom did you first relate tn, story as you have told it here?" asked
 MT. Delmas. ITO my lawyer, MT | blackweii.~
 "wheng'
 "A few days after the tragedy
 And you told him what you hay | told hereY'
 Precisely"
 T also told my lawyer that if Thav l claimed he was drunk or intoxicate'
 he did not know what he was talk
 ing about" , | yer" said MT. Delmas.
 Mir. Smith said he did not know h' | was wanted as a witness until he re | ceived a cablegram from District At | torney Jerome last month. He ther | came on the first steamer Mir. Deima'
 asked the witness to bring Mir. Jerome'l cablegram to court tomorrow. Mir. Delmas had no further questions and MT. Smith was excused Rudolph Eckmyer, the photographer who took the ssTired Butterfly and oth- CT pictures of Evelyn Nesbit which have been introduced In evidence was called to the stand and shown several pho- tographic negatives
 He identified two of them as nega-
 lives of the affidavit Evelyn Nesbit
 Is alleged to have made in Abraham HummePs office. The original affidavit was destroyed. A photograph had
 been taken of 1t. however, by the same
 man who had been employed by White to take pictures of Evelyn Neshit MT. Jerome hopes to introduce the nega- tives as foundation for putting in evidence the copy of the affidavit
 MT. Jerome, however, contented him. self today with identifying the nega- tives. When he comes to offer them in evidence, Mir. Delmas said he would object.
 'rWere you ever employed in the Campbell studio? Mir Jerome asked the witness.
 T was at one time the manager.r re- piled Eckmyer.
 Two negatives were then shown the witness and he said there was in Campbelrs studio a system of number ing negatives,
 Two photographs were then shown him and he was asked if he took them. Before he could reply MT. Delmas obs jected on the ground that 1t was an attempt to controvert the story which Mrs. Thaw told and that this was plainly illegal and not admissible.
 MT. Jerome then produced the record and read from 1t the statement made by Mir. Delmas early in the trial to the effect that the defense would not take advantage of this privilege but would give the prosecution all the op- portunity possible to disprove the statements.
 Takes Advantage of Waiver.
 'T now take advantage of that waiver" said the District Attorney, land now offer to prove by this wit- ness the exact date on which theRe pictures were taken which was, Mrs. Thaw testified, the day before she was drugged and ravished by Stanford White. And I further offer to prove that on that occasion Stanford White was not where she said he was,"
 T have nothing to say, except to in- sist on my objection" said MT. Del- mas, and the court at once sustained the objection
 Mir. Delmas asked that all that Mir, Jerome had said be stricken from the record as his improper statements" had been made before the jury and referred to matters that were not in evidence ana III the very nASuSS V1 things could not be in evidence
 MT. Jerome replied by stating that the remarks could not be stricken from the record as they were addressed to the court in legal argument and not to the jury.
 ''On the other hand.' he said, T ask that the court now instruct the jury that the ravishment of this girl which has been testified to is not an issue in this case"
 MT. DeImas insisted on striking the from the record.
 Justice Fitzgerald instructed the jury that they were not to consider any remarks that were made--that ls' to the court-hut confine themselves to the testimony that properly was In ev- idence. MT. Jerome here asked that an early adjournment be taken. saying he desired to consult with his assist ant, MT. Garvan, at the latter's home
 q will state for the benefit of the de- fense," continued the District Attorney that I will have hut two more wit nesses, Abraham Humel and Snydeck- CT, his stenographer, before ending my case with three experts. l am framlng a voIuminous hypothetical question which I shall have printed and sumit- ted to the alienists and to the defense.
 T cannot say how much time VIII reQu1r0 on cross eAduiludlaqhs Ouk +AAN direct examination of three experts VIII require but one days time.
 "Thus, after the defense offers what it may in rebuttal, we may come to the summing up. shall want three or four hours' The day will be given over entirely to the summing up, so as to permit of an uninterrupted argu- ment In other words, if the evidence is concluded one day, Mir. Delmas will sum up the next day and if he finishes gefore the regular hour for adjourn ment, MT. Jerome will not be compell- ed to proceed until the day following.
 After court adjourned, Mir. Jerome and MT. Delmas had Q long conference the hypothetical question, which vii be asked of the prosecutions experts. Mir. Jerome will finish the ques- ton tonight and tomorrow he and Mir. Deimas will hold a conference to the ex- act wording of the question. This will be done in an effort to prevent taking up the time of the court in arguments over these exact facts that are in evi- dence and that will be included in the question. Tho question will then be printed and submitted to all the ex- perts--those for the defense as well as those for the prosecution--that they may become thoroughly familiar with the question before 1t is asked in court.
 MT. Jerome's statement today as to his remaining witnesses disposes of the report that he would call Howard Nes- bit to contradict his sister It also means that he has suddenly changed his mind about calling Mazie Follette