The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-12

gara was implicated in the crime, and
the extreme hostility of the prince to-
wards the great Bulgarian statesman was
alleged to have facilitated, if it did not
actually invite. the conspiracy which cul-
minated in the murder.
the suit of Ethel Thomas against Harry
X. Thaw?" asked Mr.. Jerome.
Mr.. Delmas object but Justice Fitz-
gerald said the witness might answer
yes or no.
My firm handled the case" said Mr..
Longfellow.
Were the papers served on this de-
fendant?"
Again Mr.. Demas object, and District
Attorney jerome began 20 argue the
point.
He said the contention is that Thaw's
mind was unseated by his wife's revela-
tion of what Stanford White had done to
her and to other young women.
Knew All About It.
ut has been said that alleged acts of
perverson by Stanford White added to
the fury of his mental unhalance. | want
to show that he knew all about such
| things-that they We're setforth in the
! complaint is this suit Ds' Ethel Thomas.
the papers of which were served upon
him.
she had been shown a copy of Ethel
Thomas affidavit by Abraham Humme,
who said the case had been dropped be-
cause of the character of the complain
ant. Mr.. Delmas reply to the district
attorneys argument quoted at some
length from Jeromes statement at the
beginning of the trial when Evelyn Thaw
was on the witness stand that her testi-
| mony was permissible only as showing
Thaws state of mind and that he would
be allowed to contradict it.
I'VE told him." said Mr.. Delmas, "wc
would have no objection to his attacking
the truth of the wifes story.
Now you do object snapped Mr.
Jerome.
our offer to waive our right when the
story began retorted Mr. Delmas.
Mr. Jerome declared that Mr.. Demas'
arguments did not cover the point at
issue. 1t was the effect of Evelyn Nesbt's
! story on Thaw's mind he was attempting
to contradict.
81 am not trying to show that Ethel
Thomas accusations We're true" said Mr..
Jerome, that would be collateral fact.
Anyway this poor girl is now dead"
Mr.. Delmas objected to the reference
of the Thomas woman a poor girl"
| and the statement that she is now dead.
Mrs. Thaw herself testified that she is
the adjective poor"
Mr.. Jerome said more than two years
| before Evelyn Nesbit told Thaw the story
which Is said to have unbalanced his
mind. he knew ali the evil practices OF
| men in New York.
Mrs. rhaw herself says she was told
the story OF rhaw tieing young woman
TO a bed post and beating her. That Is
| the story of Ethel Thomas declared the
district attorney.
DeImas Protests.
Mr.. Delmas arose to protest "T must
seriously object to the learned district al
torney testifying in this case and I
beseech him not to continue to give the
| jury facts his unknown points at
| ISSUE" said Mr.. Demas
| Justice Fitzgerald instructed the Jury
to be guided only by the sworn testi-
| mony by witnesses and added he was
| prepared to rule-the question was re-
peated-as to whether or not the papers
| in the Ethel Thomas case were served
upon Thaw
| "Obiection sustained" ruled the court
| Ibid there come into your possession
any letters written by this defendant to
| Ethel Thomas?" asked Mr.. Jerome.
| Mr.. Delmas objected on the ground that
any such letters must have been written
prior to 1903 and therefore had nothing 10
| do with the sanity or insanity of the de-
| fendant.
..Why. your honor" said Mr.. Jerome,
/ 1.-The defense has traced this mans dis
| ease back to the measles and the mumps.
! We ought to have some right TO show his
| condition down to 1903. The defense chose
from his nursery DAYS in an attempt TO
show him insane. May | not go into por-
| tions of his life to show he was sane?"
Mr. Jerome contended that If he was
not to he allowed TO go into matters
| prior to 1903 all evidence relating TO mat
| ters before that time introduced by the
defense must be stricken out This Mr..
Delmas agreed to. but when Mr. Jerome
said this would cause the hypothetical
question to be stricken out as well. he
withdrew his consent.
Tries to Fix Date.
At Justice Fitzgeralds suggestion Mr.
Jerome attempted TO fix the date more
closely Mr. Jerome showed the witness
a legal document and asked him If it re-
freshed his mind as to when he repre-
scented in the Thomas case. Mr.. Delmas
here objected to further questioning OF
the witness as to the Ethel Thomas suit
on the broad ground that Mr.. Longfellow
at that time was acting as Thaw's coun-
sci.
'.Of course" said Mr. Jerome ''if you
are going to plead professional privilege
as bar, | cannot go ahead. But |
thought counsel in the interest of truth
might wave"
Your honor" interrupted Mr.. Delmas.