Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1907-03-14
Delmas Succeeds In Preventing Any
Attempt to Break Down
Mrs. Thaw's Story.
DAY SPENT IN ARGUMENT
Ten Witnesses Called In Rebuttal
Were Permitted Only to Testify
That Thaw Seemed Sane on
Night Of Tragedy.

Jerome came to q temporary stand
stu against the practically solid wall
the rules Of evidence have built
around the story Of Evelyn Nesbit
Thaw. Mr.. Jerome began to attack
this story as soon az court opened
Monday morning. There ensued q
well-nigh ceaseless battle between the
prosecutor and Dolphin M. Delmas,
leading counsel for the defense, at the
end Of which Justice FITZGERALD up
held the rule laid down at the be-
ginning Of the trial-that young Mrs.
Thaw's story was admissible only as
| tending to show the effect 1t might
have had in unbalancing the defend
ants mind and that its truth or fal-
sity is not material.
Mr.. Jerome tried to avoid this rule
by declaring he was endeavoring
merely to show by inference-by cir
cumstantial evidence as to facts and
details in the story-that Mrs. Thaw
could not possibly have told the story
to her husband. Although 1t lie said
the district attorney may attempt in
the same way to prove an alibi for
Stanford White On the night he ID
alleged to have maltreated Miss Mes.
BIT.
Nine-tenths Of Mondays sessions
were spent in argument and in nearly
every instance Mr.. Delmas won his
point as to the law, while Mr.. Jerome
in the very argument itself had got
before the jury a perfect knowledge
as to what his witness would have
testified to had they been permitted.
The district attorney called ten wit
nesses during the day, but aside from
drawing from the states eye-wit-
nesses to the tragedy the opinion that
Thaw seemed rational the uight he
shot and killed Stanford White, little
real Roadway was made.
Lining up all his forces in rebuttal,
Mr.. Jerome decided to open his fight
by attacking Evelyn Thaw's story. He
called Frederick w. Longfellow, for
merly an attorney for Thaw, and
asked him first concerning the case
in which Ethel Thomas is alleged to
have sued Thaw for damages because
Of cruel treatment Mr.. Delmas OBJ
jected, but before Justice Fitzgerald
sustained the objection and ruled out |
the evidence, Mr.. Jerome declared:
1.-THE story of the girl tied to the
bedpost and whipped by Thaw is the
story of Ethel Thomas. This poor
girl is now dead"
Here Mr.. Delmas objected to the
district attorneys remarks and the
after began an attack along a differ
ant line.
He showed Mr.. Longfellow the pho
copy of the affidavit Eve
yn Nesbit is said to have signed In
he office of Abraham Hummel-al-
eging that Thaw treated her cruelty
While abroad in 1908 because she
would not tell lies against Stanford
White"
Mr.. Jerome followed this up by ask
ng the witness If Mrs. Thaw had not
urned over to him certain papers to
which she had subscribed. Mr.. Long
elbow said she had. There was
ong argument between Mr., jerome
md Mr.. Delmas, at the conclusion of
which Mr.. Longfellow turned his en-
Ire examination to naught by declar-
ng that Mrs. Thaw had never shown
lin a paper similar to the Hummel
ffidavit in any way. He thereupon
vas excused without cross examina-
ion.
Police officers who saw Thaw the
light OF the tragedy declared he acted
Captain Hodgins of the
'enderloin precinct, however, quail
led his answer to the question by
aging once that "for a man who had
lst committed murder. Thaw acted
atlonally."
This was stricken out and he said:
Well, his eyes had a stare and a
axe such as they show as / now look
/ them" This answer also was
tricken out and finally the captain
well, he seemed more rational I
han irratlonal-and that's the best
nsver I can give"
Many Of the witnesses called by the
ate during the presentation Of the
Use IN chief were recalled Monday. J
II declared Thaw seemed rational.
Mr.. Jerome called DR.. Rudolph wit.
laus, q Chemist and expert IN poIs-
b. The district attorney framed
vpothstical question covering Evelyn
esblt's description Of her night with !
ianford White in the Twenty-fourth
rect studio house and asked n
Iere was any known poison which .
ould cause insenEihIlity IN two min !
.es and permit Of the quick recovery
stifIed 10 By Thav's wife.
Around this vital point opening up
Il did q path through which the
j