Waterbury evening Democrat., 1907-03-13
JAMES CLINcH SMITH.

mony to the last. but Justice Fitzger- nld ruled that in the interest of justice 1t should be admitted.
 Mir. Jerome played probably his strongest card when he brought out evidence which came to his knowledge but few days ago and which nn' doubtedly caused him to abandon the idea of sending Whites slayer to a madhouse and to try for a straight out conviction under the criminal statutes. The evidence came from Mrs. Stan ford Whites brother. James Clinch Smith. who told remarkably clear, succinct story of the events on Madi- son Square roof garden the night White was killed and of long con yersation he had with Thaw just prior to the shooting.
 It seems that Thaw sat for some time with smith during the fateful first performance of "Mamzelle Cham pagne'' and discussed with him . vari ety of topics in manner. Mir. Smith declared. such as any sane man would talk. Mir. smith gave the conversation in detail, emitting nothing. he asserted.
 With the brotherin-law of the man who was so soon to be victim of his pistol Thaw discussed the play. Wall street, common acquaintances. plans for the summer and many other things. including .'buxom brunette" whom Thaw declared he was anxious to have Smith meet. Thaw said he and his wife were going abroad later in the summer.
 There was no hint anywhere in the repeated conversation of Thaw's in tent to infiict bodily harm upon any one. Mir. Smith did say. however. that Thaw. not having reserved seat, roamed about the garden and continu- ally looked in the direction of the spot where he subsequently Killed Stamford White.
 Then the witness told how Thaw and his wife and guests started 10 leave the garden and that moment later the three pistol shots were fired and Stanford White fell dead beneath table in the exact locality upon which Harry Thaw had set his gaze as he descended iron. a point of observation in tho gallery.
 Smith ran with others to the spot and saw the huddlcd. l!feless form riddled with bullets even before the walters mercifully covered it with a tablecloth. But 90 iisigured with pow der smoke was the unrecognizable face that Mir. Smith knew not his own sis ter's husband.
 He supposed he had gazed upon the begrimed features of stranger until. walking up Broadway half an hour later. he bought an extra that told him that Stanford White had been the victim of the tragedy he had just wit. messed.
 As tho last witness of the day the district attorney called Rudolph Eek. myer. the photographer who took the pictures of Evelyn Ncsbit Thsw which have been introduced in evidence. The photographer was employed by Stan. ford White.
 Mr. Delmas objected on the ground that the evidence tended to contradict Mrs. Thaw's story and was not per missible Mir. Jerome said he desired 10 take advantage Of the waiver MT Delmss had made at tho beginning oi the trial in regard to rebutting Mrs Thaw's story.
 If you will let me iI the date o' these pictures he said heate'iiy. Il will show that on the night following the day they were taken. when Mrs Thaw says she was ruined. Stanford White was not in the Twenty -fourth street house at aIL-
 Mir Jerome fairly shouted the lss' words and pounded the table befors him. Mr. DsImss said he must stand upon his objection. and 1t was sustain cd He then moved that the distric' attorneys improper remarks. to vhief he has given such emphasis cf VOC. and gesture fe stricken from the rec cnIs.
 Mr. Jerome retn-ted hy asking ths court te iustruci the jury thst the al Iexed rsvisbment CT noarsvisbmrns o' Frriru xe<hrf had pothi1R ubateFe