The Barre daily times. (Barre, Vt.) 1897-1959, 1907-03-12
Over the Right Of James c.
Smith 10 Testify
Smith Was Brother-in-law of White ana
Was Ia Theatre at Time of the
Shooting Jerome Applies to
Reopen Case in Chief.

Aew York, March 12.---James G. Smith,
q brother in-Iaw Of Stanford White, was
called back To the stand when the trial
opened this morning.. The arguments
over the question Of whether Smith could
be exaniiuad - witness in chief, as well
Is II rebuttaI was Immediately resumed
between tho counsel Jerome explained
that Smith was in Europe when the trial
began and could not be brought back
before the Prosecution finished its direct
case. TIe made FORMAL application to
reopen tho ease in chief.
After Ga extended argument, Justice
Fitzgei "a ruled in Jerome's favor, and
the evidence 81 Mr.. Smith, who talked
with Thaw. IN the roof garden just be-
fore the shooting, win be admitted.
Sprang Surprise.
During THE afternoon session yester-
day, Mr. jerome sprang something Of a
sensation by calling to the stand DIR,
Rudolph Wifthaus, chemist and ex-
pert In poisons. The district attorney
framed \ hypothetical question covering
Evelyn Meebit's description OF her night
with Stanford White in the Twenty.
fourth street studio house and asked ii
there was any known poison which
would eapse insensibility in two minutes
and permit Of the quick recovery testi-
fled To by Thaw's wife.
Around this vital point, which would
open up means by which the prosecutor
could attack the truth or falsity OF Mrs.
Thaw,s story, argument ragged for an
hour Or more. Mr.. jerome pleaded with
Justice fitzgerald at great length. Mr..
DeImas III reply cited Mr.. Jerome's own
words at the beginning of the trial. AT
that time The district attorney had the
court instruct the jury that young Mrs.
Thawls testimony was permissible only
as tending to show what effect its reIa-
ti0ns n Ihaw may have had in unseat-
ing his mind. The prosecutor further
said that under the rules Of evidence he
would not be permitted to attack the
tsuth of the story.
Npw. said MFR. Delmas, in conelu-
sion. ho II attempting to do that very
thing.
MI. Jerome insisted that he was not
attacking the truth of the story. He
Was oaIling for an expert opinion, he
asserted 10 the effect that no known
drug would produce the effect testified
"a ~ AIRS. Thaw.
My question indicates the answer /
expect to get to this question" said
Mr. Jerome, "and if / can show there
Il u5 such poison in the world; ii /
Gan show in short that there was no
house aa testified to, then it is for the
Jury to infer whether or not Evelyn
Nesibt told her story TO Thaw in Paris
Ii 1908
Justice Fitzgerald sustained the obieo-
tion fnterposed by the defense when late
il the aftAgnoon Mr.. Jerome called James
Clinch Smith, brother.in-law Of Stan
ford White, to the stand, and another
long argument ensued Mr. Smith was
81 Madison Square roof garden the night
of the Tragedy. He knew Thaw and
spoke with him that evening. He said
1'haw stood in the aisle a minute or
more after reaching his seat, looking
over tie audience intently.
Nlf. Delmas objected to this and Il
Tns stricken out Of the record The at
tofnep for the defense also objected to
M Smiths testifying at all, saying he
should have been produced during the
presentation Of the case in chief. NJ.
Jerome said Smith was in Europe when
tile states case WIS first presented