The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-13


terday afternoon by District Attorney
Jerome to tell of certain conversations he
had with Thaw on the Madison Square
Roof Garden the night Stanford White
was shot and killed. Mr.. Delmas con-
tended that Mr. Smith should properly
have been examined at the beginning OF
the trial and could not testify at this
time in rebuttal.
Mr.. Jerome asked that the court ex-
ercise its discretion in giving the jury
the benefit of the testimony of q wit
ness who was not available at the time
the case was set for trial.
Mr. Smith formally was recalled to
the stand when the argument began this
morning.
Mr.. Delmas said that the matter was
one of the greatest importance to the
defendant and he thought the defense
was entitled to full explanation of
Mr. Jerome's grounds for his applica-
ton.
Mr.. Jerome said he was willing to go
into the whole story and tell all the
facts.
Attorneys Spar.
"Mr. Hartridge and I have talked the
matter over and l think we are in en-
tire accord as to the main facts he
said
when this matter is discussed in
court" replied Mr.. Jerome, "Mr. Hart
ridge is the attorney of record
After little sparring, Mr.. Delmas re-
sumed his seat and Mr.. Jerome began
to detail all the facts regarding the
delay in bringing Thaw to trial and the
steps taken by both sides to secure an
immediate trial and to obtain certain
testimony by commission, Mr.. Hartridge
occasionally interrupting to correct the
district attorney in details of the story.
idoa 1ai ad bat the district
attorneys Office had change I the case one
afternoon from the court Of general ses-
sons to the supreme court without any
notice whatever to the defense.
1.-THE witness Smith left the city al
most Immediately after the tragedy
said Mr. Hartridge hottly, land he con-
tinued to absent himself for a long time.
Suddenly he came back. Surely Mrs.
White knew that her brother was in the
city and she was in constant touch with
the district attorney. Then Smith sails
away again last Christmas when it was
known this case was coming up for an
early trial.
Here Mr.. jerome was allowed to pro-
ceed.
Petty Sarcasm.
After completing the narration of what
had happened between the time of the
homicide and trial, Mr.. Jerome said: II
basis of my request"
"J do not understand what the learned
district attorney means by legal basis,
said Mr. Delmas, Ibis language is not
clear"
"Mr Demas will have to pardon my
lack of experience and education and
NV inability to make myself clear In the
English language" responded Mr.. Jerome.
by legal basis | mean the statutes ana
the law in the case.
MY understanding of the term is not
the same said Mr.. Delmas, "and see
no reason for the district attorneys petty
sarcasm and loss OF temper"
Il spoke more In sorrow than In anger,
replied Mr.. Jerome, and the argument
ended in a general la ugh.
Mr.. Delmas, however. precipitated an
other conflict with the district attorney
very soon. He called attention to the
fact that Mr.. Jerome had not definitely
fixed the dates of Smiths departure for
Europe.
II want to caution the district attor-
ney," continued Mr.. Delmas.
Il need no caution. no information from
the counsel" rejoined Mr.. Jerome.
NO" said Mr. Deimas, land ] am MOI
willing to undertake the arduous task OF
imparting any information to the learned
district attorney.
Justice Fitzgerald here interrupted to
say he was ready to rule on the point at
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