The Montgomery advertiser., 1907-03-12
NIB JEROME <STRIKES SNAG Delmas's Qualifications
 Prove Impregnable. HIS ATTACK IS REFUSED
Effort to Diseredit Evelyn's Story
 is Unavailing.
Beyond Securing Expressions of Opin- ion From Eye-witnesses That Thaw seemed Rational the
 Day was FruitIess.

New York, March 11.-On the first day of the States case in rebuttal at
 the trial of Harry K Thaw. District
 Attorney Jerome today came 70 a tenn porary standstilI against the practi-
 ealiy solid wall the rules of evidence
 have built around the story of Evelyn
 Nesbit Thaw.
 Mir Jerome began to attack this Etory as soon as court opened. There
 ensued a well nigh ceaseless battle
 between the prosecutor and Dolphin M
 Delmas, leading counsel for the de- fense. at the end of which Justice Fitz-
 gerald upheld the rule laid down at
 the beginning of the triai-that young
 Mrs. Thaw's story was admissible only as tending to show the effect 1t might l have had in unbalancing the defend- ants mind and that its truth or falsity
 Is not material
 MT. Jerome tried to avoid this rule by declaring he was endeavoring mere | ly to show by inference-by circum- stantial evidence as to facts and de- l tails in the story--that Mrs. Thaw could not possibly have told the story to her husband. Although he will doubtless be blocked by the same rule when the time comes 1t is said the Dis- trict Attorney may attempt in the same way to prove an alibi for Stanford White on the night he is alleged to
 have maltreated young Miss Nesbit. NIne-tentns of today's session was spent in argument and In nearly ev- | cry instance when the smoke of con-
 flict cleared away MT Delmas had 1 won his point as to the law while MT Jerome in the very argument it.
 self had got before the jury per feet knowledge as to what his witness would have testified to had he been permitted The district attorney cali- | ed ten witnesses during the day but aside from drawing from the States eye witnesses to the tragedy the opin- ion thatThaw seemedrationaI the night he shot and killed Stanford White. | little headway was made.
 Attacks EveIyn's story.
 Summing up all hts. forces in rebut- | tai. MT. Jerome decided to open his | fight upon the defense by attacking | the story told to the Jury by Evelyn | Nesbit Thaw. He called to tine stand Frederick w. LcNgfeiiow, formerly an attorney for Thaw aud asked him first concerning the case in which | Ethel Thomas is alleged to have sued l Thaw for damages because of cruel treatment. MT. Delmas objected to 1 questions along this line under the | professional privilege of lawyer and l client, but before Justice Fitzgerald | sustained the objection and ruled out | the evidence Mir. Jerome declared l The story Ol the EiEl lO tn6 Dtu | post and whipped by Thaw Is the sto-
 ry of Ethel Thomas. This poor girl
 Is now dead '
 Here MT. Delmas interposed an ob-
 jestion to the District Attorneys re-
 marks and the latter began an attack along a different course. He offered
 Mr. Longfellow the photographic copy
 of the affidavit Evelyn Nesbit Thaw Is | said to have signed in the office of | Abraham Hummel, alleging that Thaw
 treated her cruelty while abroad in 1903, because she would not tell lies | against Stanford White
 | MT. Jerome followed this up by ask
 ing the witness if Mrs. Thaw had not l turned over to him a certain paper to | which she had subscribed. MT. Long | fellow said she had. There was long | argument between Mir. Jerome and MT. l Delmas, at the conclusion of which MT.
 Longfellow turned his entire examina- | ton to naught by declaring that Mrs.
 Thaw had never shown him paper
 similar to the Hummel affidavit In any | way. He thereupon was excused with | out cross examination.
 Poison Expert Called. | At the afternoon session, MT. Jerome | called to the stand Dr. Rudolpr Wit thaus, a chemist and expert in pois- | ons. The District Attorney framed a | hypothetical question concerning Eve lyn Nesbit Thaw's night with Stanford
 White while. in the Twenty-fourth Street house, and asked If there was | any known poison which would cause insensiblfity in two minutes and per init of the quick recovery testified to by Thaw's wife.
 Around this vital point, opening up is 1t did, a path through which the
 prosecutor could march his forces in attack upon the truth or falsity of Mrs.
 Thaw's story, the storm of argument ragged for an hour or more.
 Jistice Fitzgerald finally sustained the
 objection interposed by the defense.
 When late in the afternoon MT. Je-
 rome called James c. Smith, a brother
 in-law of Stanford White to the stand
 another long argument ensued. MT. Smith was on Madison Square Garden
 the night of the tragedy. He knew
 Thaw and spoke with him that evening. He said that Thaw stod in the aisle
 a minute or more after reaching his
 seats, looked over the audience intent ly.
 Mir Delmas objected to thls and it
 was stricken out of the record. The at
 torney for the defense also objected to
 MT. Smiths testifying at all. saying he
 should have been produced during the
 presentation of the case in chief. The matter was bending when adjournment