The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-13
DISCUSSED NUMBER TOPICS
NIGHT OF THE SHOOTING
Continually Roamed About the Gar
den, Looking Toward White, Says
Witness Smith-Counsel
Agree On Details.

New York, March 1.-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 X. Thaws judges. Tentative
plans for the final stages Of the trial
were agreed upon today by opposing coun-
sell even to the detail of allotting the
time for the summing up District At
torney Jerome has at last burned behind
him all bridges leading to a lunacy COM
mission and has irrevocably pointed his
course to proving Z 1t Thaw was sane
when he shot Whit, md that being sane
his crime constitute hurder in the first
degree.
Within ten days or two weeks the case
should be in the jury's hands.
Mr. Jerome played today 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 mad house, and to try for a
straightout conviction under the GRIM
inal statutes
The evidence came from Mrs. Stanford
Whites irother, James Clinch Smith
who told remarkably clear succinct
story of the events of the Madison Square
Garden the night White was killed, and
of 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 per-
formance of 'Mamselle Champagne" and
discussed with him a variety OF topics IN
a manner, MIR. Smith declared, such as
any sane man would talk. Mr.. Smith
gave the conversation in detail, emitting
nothing, he asserted.
With the brother-in-law of the man
who was soon to be a victim of his pis-
tol, Thaw discussed the play, Wall street,
common acquaintance, plans for the
summer and many other things, includ-
ing 'buxsom brunette" whom Thaw
declared he was anxious to have Smith
meet Thaw said he and his wife were
going abroad late in the summer. There
was no hint anywhere in the reported
conversation of Thaws intent to 1nfiict
bodily harm upon any one. Mr.. Smith
did say. howeevr, that Thaw not having
a reserved seat, roamed about the garden
and continually looked in the direction of
the SPOT where he subsequently killed
Stanford White.
Attorney Demas for the defense BIT
terly fought the introduction of this testi-
rnony for nearly two hours today. renew
ing his argument begun yesterday after
noon He declared that Mr.. Smith was
properly a witness in chief and should
not be allowed to testify in rebuttal. Mr..
Jerome replied that he had known only
a few days the real value of Mr.. Smiths
ha 1HaW.
and he appealed to the discretion of the
court to allow the testimony to go In
Justice Fitzgerald held that in the in
terest of justice the jury was entitled TO
all the facts. 1t was one of the most
serious blows the judge has dealt the
defense.
AS the last witness of the day the dis
trict attorney called Rudolph Eckmyer,
the photographer who took the pictures
of EVELYN Nesbit Thaw which have been
introduced in evidence The photograph
er was employed by Stanford White. He
had no sooner been sworn in than 1T de-
veloped that Eckmyer had also been en-
ployed by White to make the photo
graphic copies of the affidavit Evelyn
Nesbit is supposed to have made in Hum
mers office.
Mr.. Eckmyer identified the negatives
made from the affidavits but they were
not offered in evidence.
grapher to fix the dates of certain pic
lures for which Evelyn Nesbit posed,
hoping thus to establish the day the Nes-
bit girl says she had the experience with
Stanford White in the Twenty-fourth
street house.
Mr.. Delmas objected on the ground that
the evidence tended to contradict Mrs.
Thaw's story and was not permissible.
Mr.. Jerome said he desired to take ad-
vantage of the waiver Mr.. Delmas had
made at the beginning of the trial in re-
gard to rebutting Mrs. Thaws story.
'If you will let me fix the dates of
these pictures" he said heatedly II will
show that on the night following the day
they we're taken, Mrs. Thaw says she was
ruined, Stanford White was not in the
Twenty fourth street house at ALL"
Mr.. Jerome fairly shouted the last
words and pounded the table before him.
Mr.. Delmas said he must stand upon his
objection. and it was sustained. He then
moved that the district attorneys inn
proper remarks for which he has given
much emphasis of voice and gesture, be
stricken from the records.
Mr.. Jerome retorted by asking the
court to instruct the jury that the alleged
ravishment, or non-ravishment or Evelyn
Nesbit had nothing whatever to hold with
the case.
Justice Fitzgerald admonlshed the jurors
m nav no attention to the remarks Of
counsel addressed to the court and to
ronfine themselves strictly to the evil
dence.
II was after this conflict that agree
wont as 10 the closing stages was reached.
THE defense will probably occupy the
remainder of next week and the summing
,ap will begin on Monday the 18th inst.
THAT would bring the charge to the jury
on Wednesday, March 81
With the resumption OF the Ihaw
na1n lao inc
counsel for the defense, continued his
argument of yesterday as TO the adrnissi-
hIlity of the testimony OF James Clinch
Smfth. brother-in-aw OF Stanford
white. who was absent from the conn
try when the prosecution put m IT'S case
:, chief against Harry X. Thaw, and
vho was introduced as witness yss-