The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-13
| which has been the basis of the theory
that the defendant is insane.

| Whlch mas been the basis of the theory
| that the defendant is insane.
| jerome Attacks Mrs. Thav's story.
If her story is true" continued Mr.
| Jerome. Il know of nothing in history
or literature more sublime than Evely1
Nesbit's self-Sacrifice in her renuncia-
ton of the love of the man who we are
told was paying honorable court to her
But she returned to America on Oc-
tooer "A and on October % she was in
HummePs office with the man who she
now says ruined her and there she said
that in Europe Thaw had stripped her
and beat her with a whip because she
refused to sign paper accusing White
OF drugging and ravishing her. Stan
ford White, she said, never harmed
her"
Mr.. Jerome then read a large number
of decisions bearing on the subject of
introduction of evidence to show that
witness has made statements out of
court which do not agree with state
ments made on the stand
In all the cases, he declared, the
courts have held that when the atten-
tion of witness Is properly called to
a contradictory statement made out of
court, it is competent to bring testi-
mony in rebuttal to prove the state
ments
The proposition make to the court
is very simple" continued Mr. Jerome
If Evelyn Nesbit did not tell Thaw
insanity disappears If she did not tell
the story, the hypothetical question on
which the experts have based their
opinion disappears, / contend that under
quoted, have right to show that this
woman made the statement outside of
court but under oath that she did not
tell Thaw-would not agree to any such
story as she has told here
Mr. Jerome sat down and Mr. Delmas
- c-ns f11.N kl..A L
luncheon recess was approaching and
as Mr.. Jerome's argument necessitated
an extended reply, he would ask that
the recess be taken Immediately so that
his argument might not be interrupted.
Moves to Adjourn.
Mr.. Jerome amended the motion by
asking that court adjourn for the day.
Il am very desirous of getting
through with this case" said Mr.. Jer-
ONE, land 1 am sure both Mr.. Delmas
and your honor feel the same way. 1
have discussed the matter of the hypo-
thetical question with the eight scien-
lists with whom 1 am consulting and 1
find they are not willing to express an
opinion on a question which is only
summary of the evidence. / therefore
full, making a question that will re-
luire at least an hour to read, and
have as yet been unable to finish 1t. I
think we could save time of we ad-
iourned now until tomorrow morning
and in the meantime Mr.. Delmas and
can probably agree on the wording of
The question and thereby save the time
Of the court which would otherwise be
-aken up by arguments and searching
through the records. Mr.. Delmas would
also have time to consult authorities to
'eply to my argument of today.
Unless Mr.. Dalmas takes up a long
line in his cross-eXamination of the ex
3erts, I see no reason why the case
should not be closed on Friday"
Mr.. Jerome suggested also that the
experts might all be sworn at once,
which would necessitate the reading of
he long Hypothetical question only once
instead of to each one of them in turn.
Justice Fitzgerald ordered the adj
ournment until tomorrow morning.