The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-03-12
STORY Or EVELYN
IS WE'LL GUARDED.
Every Attack by Jerome
Met by DelmaS and
Overruled.
"A DAY OF BATTLES
ENATTORNEYS
District Attorney Pleads With
the Judge to Admit Testi-
mo,ly, But in Vain-Wit-
nesses Put on to
IA \ Prove Thaw
Was Sane.

NEW YORK, March lion tie frs
DAY Of the states case In rebuttal Of the
trial Of Harry Is. Thaw, District Al
torncy Jerome to-day came 10 TEN.
porary standstill against the practicalls
solid wall the rules OF evidence have
built around the story OF Evelyn Nesblt
Thaw. Il #
ns COON as court opened this morning
There ensucd n wcl.ngh ccnseless battle
between the prosecution and Dolphin NJ
4 sDclmas the leading counsel for the de-
8fensc at tho end OF which Justice FItz-
gerald upheld the rule laid down at the
4 beginning OF the trial-that young Mrs
,Thaws story was admissible only rs
tending TO show the effect It might have
had In unbalancing the defendants mind
and that It's truth or falsify Is not ma
terial. 455 q. NJ NJ 81 #
Delmas Wins Every Point.
@E atr. Jerome tried 10 avoid this rule by
declaring he was endeayoring merely to
chow by infcrence-by circunstantial
evidence as TO facts and details In the
story--that Mrs. Thnw could not possibly
have told the story to her husband.
Although lie will doubtless be
blocked blythe same rule when he
4 time comes. 1t is said the district at
storney may attempt in the same way
TO prove an alibi for Stanford White
on the night he is alleged to have
5maltreatcd young Miss Nesbit.
Nine-tenths of to-duy's scsstons werc
instance, when thcssmoke OF conflict
cleared away, Mr.4Delnas had won his
point as to the lnw, Wac AIR. Jerome
4 in the very argument itself had got
before the Jury n perfect knowledge
sns to what his witnesses would have
testified 10 had they been permitteds
Tie district nttorncy called ten Wit.
nesscs during the day, but. asidc from
drawing from8theS Staten cye-witnesses
to the trasedyft he opinion TINT ThaW
Eecmed rational the night he shot an
killed Stanford White. littie real head
way was made. ss5 "A II "a,
Attacks Her Story.
lining up all of re- forces In re-
buttal. Mr.. Jerome decided TO open his
fight upon the defense by attacking
tho story told the jury by Evelyn Mas
-bit Thaw. 5&
He called to the stand Frederick w.
Ionsfclow. formerly an attorney for
Tpaw, and asked fim5flrst concerning the
case In which Ethel Thomas Is alleged
toShavc suod Thaw for damages because
of cruel treatment. Mr.. Dellnas OBJ
jccted TO questions along the line Under
the professional privilege Of lawyer and
client, but before Justice Fitzgerald sus-
tanned the objection and ruled out the
evidence, Mr. Jerome declared: "The
story OF the girl tied to the bedpost ana
whipped by Thaw IL the story OF Ethel
Thomas, This poor girl Is now dead. +,
Here Mr.. Dclmas intcrposed an objection
TO tho district attorneys remarks, ana
the latter began an attack along different
lines.
lie showed Mr.. I.ongfellow tho photo
graphic copy of the atfldnyit Evelyn
Nesblt Is said to have signed in the office
of Ahc Humincl alleging that Thaw
treated her cruelty while abroad III 1908,
because she would not tell lies against
Stanford White."a ~ 5
# Mr. Jerome followed this up BY asking
the witness IL Mrs. Thawe had not turned
over to him certain papers to which she
had subscribed.
Mr., l4ongfellow said she had. There
was q long argument between Mr..
Jerome and Mr.. Delmus, 1T tho con-
cusion of which Mr.. Longfellow turned
his entire examination to naught BY de-
scnring that Mrs, Thaw had nevcr shown
him a paper similar to the lIunlmcl
affidavit in any way He thcreupor was
excused excused without cross-examination.
Say He Acted Rationally,
t Police officers who saw; Thaw the night
of tho tragedy declared ho acted ra-
tionally.
Many Of tho witnesses called by tho
State during the presentation OF the case
IN Chief were recalled to-day. All de-
clnred Thaw seemed to them to be ra-
tional. ~ q %ti. ,1
After tho afternoon recess Mr., Jerome
called to tho stand DIR. Rudolph WE
thaws, a chemist and expert In poisons,
Tho district attorney framed hypo-
thetlcal question, covering Evelyn Ncs-
bits Dissertation OF her&night with STAN
ford White In the Twenty-fourth Street
house, and asked II there was any known
poison which would induce insenslbllity
IN two minutes and permit8of the quick
recovery testified TO by Thaw's wife. "a
Around this, Vital point tho storm
OF argument ragged for an hour or
moro. Mr. Jerome pleaded with Jus-
tlce Fltzgerald &nt great length. Mr.,
'p'u'AH sA!u He WAS not attacking the
truth OF the story lie was calling for
IN eSpeFt oeplnlon8 to tho effect that
no known drug would produce tie ef-
feet testified to by Mrs. Thaw.
Justice l'itzgerald sustained tho or
lection interposed by the Edefonso,
Brother-in-LaW Of White. #
When late in the afternoon Mr. ia !
reno called James Clinch Smith, d
brother-in-law Of Stanford White, "a
tho stand, another long argument an
sued MI. Delmas objected ia Nh.
Smiths testlfying saying he should
hnvo!SEb been produced during the presen-
said Smith was In lluropc whensfVthe
states case first was presented. h / 55IIe
threw himscl 5Sllpon the stlisnret ion or
\ lebconrt and the matter was pending
when adjournment 81 until Tomorrow
was ordered, .s3g5 n s AZ