Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-03-12

JSISllSl ldllS udpt lGSPVIipNu oNiViiAS.
by legal basis mean the statutes and
law in the case"
my understanding of the term is
not the same said Delmas, and 1 see
no reason for the district attorneys
petty sarcasm and loss Of temper
"I spoke more in sorrow than in an
ger" replied Jerome, and the argument
ended in a general laugh.
Recess for Conference.
Delmas then called attention to the
fact that Jerome had not definitely
fixed the dates Of Smiths departure
for Europe.
II want to caution the district at
torney," continued Delmas.
'I need no caution. no information
from counsel" replied jerome.
NO" said Delmas. land / am not
willing to undertake the arduous task
OF imparting any information to the
learned district attorney
Justice Fitzgerald here interrupted
to say that he was ready to rule on the
points at issue.
Delmas then requested fifteen min
utes In which to confer with associate
counsel and the request was granted
ktltcT ICSCSSt tiG odb'Siie Wa'' sssS".''
resumed between Delmas and Jerome.
Delmas wanted to know why Jerome
stated yesterday that he had made such
strenuous efforts to have Smith pres
ent at the beginning of the trial. when
at the time the efforts were made, the
prosecutor did not know the character
of the evidence to be offered.
Jerome replied that he knew from the
first that Smith was on the roof gar
den, but. when he first examined the
witness. nothing developed as to his
conversation with Thaw.
II was at dinner at Martins, re-
Gently" said Jerome. when a friend
asked me why did not call Smith. He
told me of Smiths conversation with
Thaw. and that was the first I had
heard OF It,"
Then you would re-open the case
entirely" replied Delmas, "to put in
newly discovered evidence. must pro-
test against any such course"
Smiths Testimony Permitted.
Delmas closed with a plea for the
court to exercise its discretion in favor
of defendant. He charged that Jerome
had deliberately and Intentionally
withheld his knowledge as to the char
|acter of Smiths testimony. Justice
Fitzgerald was brief In his ruling. He
said the evidence Smith had to offer
was newly discovered and in the inter-
est of justice should be given to the
jury. II overrule the objection" he
concluded
Jerome asked then that the exam
ination of Smith be postponed until
ort m hi fn nol
Officer Edward r. Howe to the stand.
This was granted.
Howe said that on the night of June
25 last. he was walking down Madi
son avenue when he met Policeman
Wright with Thaw in custody.
Jerome asked the witness what he
said to Sergeant Mccarthy at the
station in the presence of the defend
ant.
Delmas objected, and finally Jerome
withdrew the question.
"By withdrawing the question" said
Delmas, 1.-The district attorney admits
that it was an unlawful Interrogation"
Under those circumstances / re-
new the question: retorted Jerome.
"And I sustain the objection" in
terposed Justice Fitzgerald.
I'm your. opinion asked Jerome,
was the defendant rational Or ira
tional?''
"Rational." replied the witness.
De1mas Objects to DR.. Flint.
Jerome here called DIR. Carlton
Flint. the physician to whom Evelyn
Nesbit is said to have gone with Jack
Barrymore the actor. When young
Mrs. Thaw was on the stand. she was
confronted by Flint and declared she
had never seen him before. After
Jerome had asked a few questions,
Delmas interposed an objection "on all
the grounds / have before stated. He
evidently referred to the rules of evil
dence protecting Mrs Thaw's testi-
mony. Jerome did not care to argue
the point Justice Fitzgerald at once
sustained the objection, and Flint was
excused.
Smith Tells His Story.
j. Clinch Smith took the witness
stand after luncheon. Smith said that
on the night of the shooting of White,
in conversation with Thaw at the Mad
ison roof garden, Thaw told him OF his
plans for going abroad later in the
summer Smith testified with ,consid-
erable difficulty, Delmas continually
objecting to questions put by jerome
and the answers given by witness.
Smith said Thaw roamed about the
roof garden as if looking for some one.
He went into the balcony and came
down again. He then joined his party
and all started to go out In few
moments there were three pistol shots
and White was dead.
Delmas concluded his cross exam
ination of Smith in few minutes, hav-
ing developed nothing new. Eckmyer,
a photographer, was summoned to the
stand. Eckmyer took Evelyn Nesbit's
,olor 1,aor pictureS