New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-13

the right lie passed me ana SReQ very pISsSe4ALAy
| arrived at his seats the whole party began to get
Mrs. an Tha 9F an and M Mdc sd going
out MI IrSW and NJ IIgx6On tor G S ef s6op
der in the direction Of the entrance In the mean
! and sat down beside me. an acquaintance of Mr.
Beale, and Mr., Beaie stopped and spoke to him. as
aisle. In few moments Mr.. Beale spoke only
moment saw Mrs. Thaw and Mr.. Mccaieb near
the elevator Mrs Thaw looking -.
e oRPsd to TAX s with dad Rd of fn 1e and
for few moments and then he went on and as
he passed by ] saw Mrs Fhaw at the entrance
DESCRIBES SHOOTING.
Mr.. Delmas objected to Ar. Smith telling
what Mrs. Thaw was doing and Mr. Jerome
told the witness to confne himself strictly to de-
scribing the movements of the defendant. Then
Mr.. Smith continued:
was few moments later at that time 1 heard
three pistol shots between me and the entrance.
saw black cloud of smoke. jumped to my
feet at once This black cloud Of smoke passed
down on the sr9nnd with nietoI in n" his hand
lIalustE T;,i3 l said Why that Isl ,ros
ately to the entrance. keeping my eye on Mr..
with Mr.. Thaw at ali? A~No.
lay you 20 over tb TO me spot where the man
Q..You went over TO whore the man lay dead?
Q;-Wlll YOU state the appearance of the man as
he lay whcther-let me ask you first. did you know
Mr.. White was there that evening? Al did not
Q-Now state when you went over to where me
body Of man lay dead the appearamce that you
/ lying down on the ground facing up
over his head and everything looked absolutely
black around his head saw that ne was dressed
in n very nice evening suit of clothes ,
Q.-What I want to get at is this, could you as
the body lay there. see any part OF his race! At
Q-Was the face so it could be seen? Al was, vas
there could only see the face but it was so
black l could not recognize IL - o,,,,
Al presume the powder backened his face and
head so that il was beyond recognition. lie was
my brother-n-aw hut / did not recognize nm, y,
Q-And Just then they brought sheet, sheet a ana
G Goy and irving to recognize it. they brought
tablec9t or sheet ana bP Tt without knowing
it was Stanford White that had been snot: Al
aS5ed T feyFT did To leave the building? AYes
left the building without knowing VINO inc peiSO"
was who was shot
UNSHAKEN BY DEl-MAS.
This finished the direct examination
Mr. Delmas. on his cross-examination asked
narticularlv about what the witness did after
tbe shooting. Mr. Smith said as he did not
recognize the dead man. he 'strolled' up
broadway Later. by an extra" he learned
who had been killed and then FASTENED to MS
sisters home His sister was on Long island
and he went back TO the Garden TO see If he
could aid Mr. Demas's cross-eXaminatlon ala
not shake the witnesses testimony in the slight
est degree Mr.. Demas asked about cable
dispatch which Mr.. Smith had received while IN
Paris from Mr.. Jerome, asking him to return
Mr. Smith promised to produce it this morning
Mr.. Jerome was baked when tho last witness
~ the dav was called He was Rudolf Eich
never an expert photographer, who took pho-
tographs Of Evelyn Nesbit Whites order.
Of DnOtOgTapltC
negatives and compared them with photo
graphic copy Of the so-called Hummel affidavit
and said tho copy was made from the same
plate.
The District Attorney then showed two mega
tives-those taken Mrs. Evelyn Thaw swore.
the day before she was III treated. Mr.. Delmas
objected 10 tho negatives being identified. Mr..
jerome, addressing the court, said;
to fix with entire defnteness the time these photo
graphs OF her we're taken desire 10 Tx the very
The Cortland why do YOU claim 1t IS material?
pa MT % Jerome can your honor attention 10
Mr.. Demas-If get the drift Of tho learned Dis
allowed 10 c6ntrovcrt tho occurrence OF these facts
by some rule OF Jaw or OF evidence ! will state to
and will invoke that rule 81 he desires TO probe
concerned he is at perfect liberty 10
do SO"
WHITE ALIBI sHEIvED.
At that time, had not inyestsated the facts
eeptance Of the waiver ask PERMISSION to prove
me exact d@te that nose we're taken
graphs were taken the day before She was drugged
the following night stanford White was NOT %here
Mi Deimas-if your honor please. the learned
has readT made twice in this case and ne know
as wen as he knows anything that he cannot In
troduCe that proof.
Mr.. Jerome know that I cannot introduce It
without the consent of the defendant I realize
that il objection is made TO II II must be sus-
Mr. DemasoYo Your honor has heard my objection.
Mr.. Delmas-A statement has been made by the
learned District Attorney here a moment ago as
been made in the presence Of the jury: they have
been made with great deal OF emphasis. your
marks from the record as improper and unwar-
Mr. Jerome 70 further than that Ny remarks
were entirely addressed to the court on a propo-
than that. There Is no need OF striking them from
me record r because they are not part of the
record tIey are Tor the information OF the court
And ask your honor now 10 advise the jury that
treated by Stanford White is not an issue i'm this
The Court will say to the Jury that tbo,- ora
not TO consider anything OF any kind or character
IN tins case except the evidence adduced under oatn
MR.. CARAVAN ILL.
Mr. Jerome had to ask an early adjournment
owing to the illness Of Assistant District At
torney Caravan. who was better acquainted with
the details of the prosecution. He confessed he
did not exactly know where he was at He
announced that in all probability the examina-
ton OF the lay witnesses for the prosecution
would end to-day. with the examination Of
Abraham Fl. Hummel ana Mr.. Snydecker The
expert alienists will follow Mr. Jeronna he
lieved, far as his direct examination Is COR
cerned, that he could end with one dav. How
far the defence viii go on cross-examination ia
unknown