The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-03-12
ATTACKS STORY
Of EVELYN THAW
Heroine Runs Counter to Rules
of Evidence as Laid Down
by the Court.
MI MAS BLOCKS THE GAME
Twists AND TURNS OF THE
DISTRICT ATTORNEY.
MI MAS BLOCKS THE GAME

N-eu- York, March 1l-On tne nrSl
a., NJ the states case in rebuttal at
49, Thaw trial, District Attorney Je-
- todav came to a temporary stand
In against the practically solid wall
,,a rules OF evidence have built around
..o story OF Evelyn Nesbit Thaw. Mr..
Iarome began to attack this story as
coon as court opened this morning.
1-bere ensued a well nigh ceaseaess bat
t,e between the prosecutor and Dolphin
n Delmas. leading counsel for the de-
[cnTe AT the end of which Justice Fitz-
1erald upheld the rule laid down at the
boginning of the trial-that young Mrs.
rrbaur's story was admissible only as
tending 10 show the effect 1t might
bava had in unbalancing the defend
ant's mind, and that its truth or falsity
IS not material
Blocked by the Rule.
Mr.. Jerome tried 20 avoid this rule
nv declaring ne was endeavOring mere
~ 10 show by inferenee-by circum-
stantial evidence as to facts and de-
fails in the story-that Mrs. Thaw
could not possibly have told the story
"a her husband. Although he viii
doubtless be blocked by the same rule
when time comes, il is said the dis
trict attorney may attempt in the same
wav 10 prove an alibi for Stanford
White on the night he is alleged to
have maltreated Miss Nesbit-
Nine-tenths of today's sessions were
spent in argument, and in nearly every
instance Mr.. Delmas won his point as
10 the law. while Mr.. Jerome in the
very argument itself had got before the
Jury a perfect knowledge as to what
his witnesses would have testified TO
had they been permitted. The district
attorney called ten witnesses during
the dav. but. aside from drawing from
the states eye-wiJnesseS TO the trag-
edv. the opinion that Thaw seemed "a
tional the night he shot and killed
Stanford White, little real Roadway
was made.
EVelyn's Story Attacked.
Lining up all his forces in rebuttal,
Mr.. Jerome decided TO open his fight by
attacking Evelyn Thaw's story. He
called Frederick w. LOngfellow, for
merIy an attorney for Thaw, and asked
him first concerning the case in which
Ethel Thomas is alleged to have sued
Thaw for damages because of cruel
treatment Mr.. Delmas objected. but
before Justice Fitzgerald sustained the
objection and ruled out the evidence,
Mr.. Jerome declared:
The story of the girl tied to the bed
post and whipped by Thaw is the story
Of Ethel Thomas This poor girl is nov
dead"
Here Mr.. Delmas objected 10 the dis
trict attorneys remarks, and the lat
ter began an attack along a different
line.
" .to,,-a5 Mr. Iopcfallo.,- tho ,,boto
graphic copy of the affidavit EvelyI
Nesbit is said to have signed in the of
fee of Hummell. alleging that ThaV
treated her cruelty while abroad in 1903
because she would not tell lies agains
Stanford White"
All Went for Naught.
Mr.. Jerome followed this UP by ask
ing the witness if Mrs. Thaw had no
turned over TO him certain papers Il
which she had subscribed. Mr.. Long
fellow said she had. There was a Ions
argument between Mr.. Jerome and Mr.
Delmas. at the conclusion of which MIR
Longfeliow turned his entire examina
ton to naught by declaring that Mrs
Thaw had never shown him a pape
similar TO the Hummel affidavit in an.
way. The witness was therefore ex
eused without examination
Police officers who saw Thaw tn
night of the tragedy declared he acte,
nationally. Captain Hodgins of the ten
derloin precinct, however, qualified hi
answer TO the question by saying, 10
a man who had just committed murder
Thaw acted nationally"
This was stricken out, and he said;
We'll, his eyes had a stare and
gaze such as they show as 1 now Loo
at them" This answer also was strick
en- out and finally the captain declared
Best Answer He Could Make.
We'll. he seemed more rational tha1
iTational-and that's the best answer
can give"
Many of the witnesses called by tn
state during the presentation of tn
case in chief were called today. All de
ciared Thaw seemed rational.
Mr.. Jerome called DIR. Rudolph Wit
thaus. chemist and expert in persons
The district attorney framed a hypo
thetical question covering Evelyn Mes
bits description of her night Wit
Stanford White in the Twenty-fourt
street studio house, and asked II Their
Continued on Page 8.