Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-03-12

/ known To science which will produce
4 the results she told of. | submit thai
! ii is plainly admissible"
| Mr. jerome then read case de.
/ cided by the supreme court of Ken
lucky which he said bore exactly on
/ his point. He then concluded his ar.
1 gument by saying:
! The material question here is
whether or not Mrs. Thaw told this
/ story to her husband in Paris Ii
can show that the things she is said tC
have related did not take place: if
can show that there is no drug Ia
cause such effect then that is evil
1ence from which the jury may Judge
she never did tell these things She
'ays she did
Mr.. Delmas replied by again read
ing Mr.. Jerome's remarks at the be-
| ginning Of the trial
The very thing he is attempting tn
To now" said Mr.. Delmas. "he said
AT the beginning of this trial he would
not be permitted to do under the laws
If this state.
After a trial lasting more than six
weeks" concluded Mr. Delmas. I'VE
are told that the rule laid down by the
learned district attorney at the be-
ginning of the trial is not the law of
his state at all.
Mr.. Jerome insisted that the ques
lion now before the court. was an en-
Jirely different proposition
Justice Fitzgerald said he could not
see the matter in that light and sus-
aimed the objection
Dr. Witthaus was excused.
After the usual afternoon recess of
fifteen minutes. Mr Jerome called to
the stand James ClinCh Smith Of
Smithtown, ~ Y. MIR. Smith said he
was a brother-in- Of Stanford
White, and is a lawyer On January
2l the day the Thaw trial began, the
witness said he was in Paris and out
VI the courts jurisdiction when the
prosecution put in its case in chief
Mr. Smith said he was upon the Mad
ison Square Roof Garden the night Of
he tragedy. He had known ThaW for
several years and saw him upon the
'oof garden ON that night Mr. Smith
said he arrived at the garden nj 9:15.
After YOU We're seated, did YOU see
the defendant enter" asked Mr.. Jer-
lmc
Mr.. DelmaS at once objected upon
the ground that the evidence was not
in rebuttal. but was rather part Of the
case i'm chief
Mr.. jerome said it was not officially
part of the case in chief. but the
testimony of the witness would be i'm
portant also in rebuttal Mr. Smith
was out of the country when the trial
was set. aud Mr. Jerome said he had
no control over him, He thought un-
der the circumstances the witness
should he allowed to testify.
II. H..
reopening of the entire case.
Justice Fitzgerald said that the dis
trict attorney should conform to the
evidence in examining the witness.
Mr.. smith said that when Thaw
came into the garden the night of
June % he did not speak to him.
Mr. Jerome contonued to object to
every question and when oyerruled he
noted exceptions. Mr.. Smith said that
Thaw later came over to whore he
was sitting recognized him and chat
ted with him.
Mr. jerome asked what the cOnver-
sation was. and again Mr.. Demas OBJ
iected.
Judge Fitzgerald overruled the OBJ
lection.
MIR. Thaw" said the witness. put
the members of his party into the
seats. then stood in the aisle for a
minute or more looking over the
heads of the audience
Il object" said Mr.. Delmas, 'and
move that the answer be stricken
out"
This was ordered by the court
Now. you see your honor, contin-
ued Mr. Delmas, the danger of allow
ing this witness to testify i'm rebuttal,
He says Thaw stood dn the aisle
looking over the heads of the audi
ence. Why is that statement brought
in here? | think ] understand why.
It is not proper, This is evidence in
chief; not evidence in rebuttal.
'I want to show that this mans
the night Of the tragedy
we're perfectly sane" said Mr.. jerome,
in arguing his point.
Mr.. Delmas declared the converse
tons anti-dated the tragedy and were
not rebuttal evidence.
Mr.. Delmas said he was not permit
led to introduce testimony as to con
until he adduced evidence
hat ThaW was insane. He thought
he district attorney should SHOW
rhaw was sane before conversations
ending to show the sanity of the de-
'endant were admitted.
Mr Jerome said the interests of the
state in the case are as great as those
If the defendant II am not allowed
% produce Witnesses to testify as to
many material points" he said, and
90 in this instance | must appeal to
he discretion of the court | will no
onger try to examine the witness as
n rebuttal, but appeal to you, as a
natter of judicial discretion, to allow
ne to proceed with the witness as part
If the case in chief
Mr.. Jerome said he would like to
lite some authorities To the Judge
rhereupun an Adjournment was taken
lntil tomorrow morning, the district
attorney saying he would send the
to the justice at his home
his evening,