Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-03-12

sion. he is attempting to do that very
, thing"
Mr.. Jerome said he was not attack
ing the truth of the story He wa~
calling for an expert opinion to the
effect testified To by Mrs Thaw.
My questions indicate the answer I
| expect ia get to this question" said
| Mr. Jerome "and if | can show there
is no such person in the world: If /
can show there was no such occur
renee In the Twenty-fourth street
/ house as testified. then it Is for the
/ jury to infer whether or not EVELYN
! Nesbit Thaw told her story to Thaw
! in Paris in 1909
Justice Fitzgerald sustained Mr.
| Delmas' objection.
When late in the afternoon Mr. Jer-
ome called James c. Smith, a brother
in-law of Stanford White, to the
stand, another long argument ensued
Mr.. Smith was on Madison Square
Roof Garden the night of the tragetE
He knew Thaw and spoke with him
that evening. He said Thaw stood in
the aisle moment after reaching his
| seat. looking over the audience in
tently
Mr. Delmas objected, and this was
stricken from the record.
The attorney for the defense also
objected to Mr.. Smiths testifying al
all, saving he should have been pro.
uuced during the presentation of the
case in chief. Mr.. Jerome said Smith
was in Europe when the states case
was first presented He threw him.
self upon the discretion of the court.
and the matter was pending when ad-
journment until tomorrow morning
was ordered
Police Captain Hodgns. who was in
command of the precinct in which
Madison square Garden Is located. was
called as witness this afternoon.
In answer to Mr.. Caravans ques-
tons he said he first saw ThaW at
about | o'clock upon the morning Of
June 26. He went to ThaWs cell with
several officers.
Il asked Thaw il he had any state
ment he wished to make, but he did
not answer, that / heard asked
him If he had any lawyer or relatives
he wanted to send for, He said he
would like to send for Longfellow or
Delafield or HornbloWer He said he
did not thinlN Hornblower or Choate
We're in town"
What other conversation did you
have with Thaw?" asked Mr.. Garvan
He was in full evening dress, and
! told him he was in no place for
such clothes and had better get 9TH
crs. He made no answer
WAS Thaw rational or irrational2"
Captain Hodgins caused Il decided
stir by his answer:
In his actions and answers he was
rational; in appearance he had a stare
and gaze as he has now as | look at
him"
ON motion of Mr.. Delmas the an
swer was stricken out Mr. GarEan
repeated the question
II think he was very rational in
some ways" said Captain Hodstns,
Again the answer was stricken out
and the question reueated.
I'm have to qualify my answer
said the witness Il believe he was
more rational than irrational
once more Mr.. Garvan repeated the
question and Captain Hodgins re-
peated his last answer
Mr.. Delmas had no questions to ask |
and the witness was excused.
Warren Paxton superintendent of
the Madison Square Garden, who had !
testified on the states direct case, f!
was recalled.
al the time of the tragedy asked |
Mr.. Garvan, lin your opinion, was the /
defendant rational or irrational
Rational"
ON cross examination Mr. Delmas /
asked:
How long had you known Stanford
Whtc?'
sixteen .ears."
How often did you see him at the
garden"
Three or four times "A year.
"Not oftener than that?'
mo"
Henry $. Blase said he thought
Tbaw's action and manner upon the
night of the shooting we're rational
The light. he said, was rather dim ana
he could not tell whether Tina" S race
was pale or red whether his eyes were
natural or bulgine.
Myer Cohen. who was also one ol
the states witnesses, was recalled ana
said he thought ThaW's actions were
rational. ON Cross-eNaminauon the
witness said the light upon the gar
den roof was very bright ThaW
face was more pale than red. ana
his eyes looked natural
DistFct Attorney jerome here called
DR.. Rudolph Witthause, an expert IN
DoSons, =,
Doctor. are you familiar with all {
the known drugs that produce ins9ns-
.bilitv when taken through the
asked Mr.. jerome.
II think | am.
Doctor. am now about TO ask you
A hypothetical question.
Assume, sir. that a young woman
sixteen and three-quarters years OF
lge. drinks one glass of champagne at
sumner with a gentleman after the
heater: that after eating she passed
into another room. played the piano
here and then passed into bedroom
where there was another small bottle
lf champagne: that she drank
yIass of this champagne. that 1t tasted
10 her the same as any other cham-
nagne. towit: bitter; that within two
minutes she heard pounding III her
ears. the room became dark and she
became insensible; that while she was
m a state of insensibiity she was raw
shed: that she awakened in alarm
and very shortly thereafter drove
with the man to her hotel. where She
sat down i'm a chair, remaining awake
and looking out of the window until
morning: assuming all these facts IS
here any poison known TO sclsnce
hat would produce the tnScnslplhtS
indicated IN the question ana Pernl'
IF the quick recovery also Indicated III
he question?
Mr. Delmas promptly objected upon
he Ground that the question was mn
material. not rebuttal testimony, ana
not permitted under the rules OF EVIL
ieuce as attacking the truth OF Mrs
rhaw's statement TO her husband.
II take "a as "a general rule. slld
Mr.. Jerome IN rcplN that when Il
witness testlfies to an important point
d can be disputed The principal
'act In this case Is whether or not
Mrs. Thaw told the story to This de-
'endant in Paris as she has testltied
she did If 1t can be shown thal She
Iid moi make that statement tu ThaW.