The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1907-03-15
COURT ALLOWS THE BRoTHER.lN.
LAW OF STANFORD WHITE
TO TESTIFY.
rHAW's ACTIONS RATIONAL
WITNESS SAYS HE DID NOT SEEM
INSANE ON THE NIGHT OF
THE TRAGEDY.

New York, March 1S.-The end OF
the Thaw trial at last seems to be In
sight and the twelve men who have
been In the jury box for nearly eight
weeks are to be Harry Thaw's judges.
Tentative plans for the final stages OF
the trial have been agreed upon by op-
posing counsel, even to the detail OF
allotting the time for the summing up.
District Attorney Jerome has at last
burned behind him all bridges leading
to lunacy commission and has ire
vocably pointed his course to proving
that Thaw was sane when he shot
Stanford White and that being sane
his crime constituted murder in the
first degree. Within ten days or two
weeks the case should be in the jury's
hands.
Mr.. Jerome played probably the
strongest card he holds-evidence
which came to his knowledge but
few days ago and which undoubtedly
caused him to abandon the idea OF
sending Whites slayer to madhouse
and to try for a straight out convic-
ton under the criminal statutes. The
evidence came from Mrs. Stanford
Whites brother, James Clinch Smith.
who told a remarkably clear, succinct
story of the events of Madison Square
Garden the night White was killed and
of a long conversation he had with
Thaw just prior to the shooting.
1t seems that Thaw sat for some
time with Smith during the fateful
first performance of "Mam'selle Cham
payne" and discussed with him
variety of topics in manner, Mr..
Smith declared, such as any sane man
would talk Mr. Smith gave the con.
versation in detail, emitting nothing,
he asserted. ...
Thaw Talked Nationally.
With the brother.in-law Of the man
who was so soon to be a victim OF his
pistol, Thaw discussed the play, Wal
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 converse
ton of Thaw's intent to inflict bodily
harm upon anyone. Mr.. Smith did
say, however, that Thaw, not having
a reserved seat, roamed around the
garden and continually looked in the
direction of the spot where he subse.
quently killed Stanford White.
Attorney Delmas, for the defense,
bitterly fought the introduction Of this
testimony for nearly two hours, re-
newing his argument begun Monday
afternoon. He declared that Mr..
Smith was properly witness in chief
and should not be allowed to testify in
rebuttal. Mr.. Jerome replied that he
had known only for a few days the
real value of Mr.. Smiths testimony
the conversations with Thaw-and he
appealed to the discretion of the court
to allow the testimony to go in.
Justice Fitzgerald held that in the
interest of justice the jury was en-
titled to all the facts. 1t was one of
the most serious blows the judge has
dealt the defense since the trial be.
gan.
There was another policeman on the
stand during the day who saw Thav'
the night of the tragedy and who de-
clared the defendant at that time
acted in a rational manner.
Not Allowed to Testify.
Mr.. Jerome also summoned to the
Stand DR.. Carlton Flint, the physician
to whom Evelyn Nesbit is said to have
gone with Jack" Barrymore, the ac-
tor. Mr.. Delmas objected and DR..
Flint was not allowed to testify. 1t
was said later that Dr. Flint had been
served with new subpoena-by the
defense-and that he would be called
in sur-rebuttal to answer the questions
he was not permitted to answer.
AS the last witness Of the day, the
district attorney called Rudolph Eek
myer, the photographer who took the
pictures of Evelyn Nesbit Thaw
which have been introduced in evil
dence. The photographer was en-
ployed by Stanford White. He had
no sooner been sworn than it de-
veloped that Eckmyer had also been
employed by White to make the pho.
tographic copy of the affidavit Evelyn
Nesbit is said to have made in Abra.
ham Hummel's office. Mr.. Eckmyer
identified the negatives made from
the affidavits, but they were not offer.
ed in evidence Mr.. Jerome next
tried to get the photographer to fix