Omaha daily bee., 1907-03-13
JEROME PLAYS STRONG CARD
Distrbt Attorney Succeeds In Getting James
O Smiths st,ry Bsfsrs Jury.
LONG TALK WITH THAw NIGHT OF KILLING
Defendant Sat Next Him in Theater
and Discussed Variety of Subjects
I'm a Sane Manner-Case
Nearing End.

counsel, even to the detail of allotting
the time for the summing up.
District Attorney Jerome at last has
burned behind him all bridges leading 10
a iunacy commission and is irrsvokab1y
pointing his course to proving that Thaw
was sane when he shot Stanford White
and that being sane his crime constituted
murder in the first degree. Within ten
days or two weeks the case should he in
the jurys hands.
Mr.. Jerome played today probably the
strongest card he holds-evidence which
came to his knowledge but a few days ago
and which undoubtedly caused him to
abandon the idea of trying TO send Whites
slayer to a madhouse and to try for
straight out conviction under the criminal
statutes The evidence came from Mrs.
Stanford Whites brother, James Clinch
Smith, who told a remarkably clear, sue
cinct story Of the events Of Madison Square
garden the night White was killed and Of
a long conversation he had had with Thaw
Just before the shooting
Thnvv's Actions Sane.
II seems Thaw sat for some time with
Smith during the fatefu first perform
ance OF 'Mamseile Champagne" and dis
cussed with him variety Of topics, in
sane manner, Mr.. Smith declared, such as
any sane man would talk Mr.. Smith gave
the conversation In detail, emitting moth
ing, he asserted. with the brother-in-law
OF the man who was SO soon to be VIC
tim Of his pistol, Thaw discussed the play
wall street, common acquaintances' plans
for the summer and on other things. In
Guiding a buxom brunette whom Thaw
declared he was anxious to have Smith
- ~ ~ WI
going abroad later in the summer. There
was nothing anywhere in the repeated con-
versation OF Thaw's intent to infict bod
fly harm on any one. Mr. Smith did say,
however that Thaw, not having a reserved
seat. roamed about the garden and con-
tinuously looked in the direction of the
spot where he subsequently killed STAN
ford White.
DeImns Loses Hard Fight.
Attorney Delmas bitterly fought the in
PRODUCTION Of this witness for nearly two
hours today, renewing his argument began
Yesterday afternoon He declared Mr..
Smith was properly a witness in chief and
should not be allowed to testify in rebuttal.
Mr.. Jerome replied that he had known only
for a few days the real value of Mr.. Smiths
testimony--the conversation with Thaw-
and he appealed 70 the discretion Of the
court to allow the testimony % go In.
Justice Fitzgerald held that In the interest
of justice the Jury was entitled TO all the
facts. 1t was one Of the most serious blows
the Judge has dealt the defense since his
trial began.
There was another policeman on the
stand today who saw Thaw the night OF the
tragedy and who declared defendant ct that
time acted In a rational manner.
40 aha afnr Il
DR.. Carlton Flint. the physician to whom
Evelyn Nesbit Is said to have gone with
"Jack' Barrymore the actor. Mr.. Delmas
objected and DIR. Flint was not allowed to
testify. It was said later that DR.. Flint
has been served with new subpoena-by
the defense-and that he would be called
In sur-rebuttal to answer the questions he
was not permitted to answer today.
Attempt TO AttRcIk Mrs. Thaw.
| AS the last witness Of the day. the dis
trict attorney called Rudolph Eokmeyer,
the photographer who took the pictures of
| Evelyn Nesbit Thaw, which have been in
troduced in evidence. The photographer
was employed by Stanford White. He had
no sooner been sworn than II developed
| that Eckmeyer had also been employed by
White to make the Photographic copy OF
the afidavit Evelyn Nesbit is said to have
signed in Abe Hummels ofice. Mr.. Eek
meyer Identified the negatives made from
the afidavits. but they were not offered In
evidence Mr.. Jerome next tried to get
the photographer to Ok the dates Of GER
! tain pictures for which Evelyn Nesbit
posed, hoping thus TO establish the day she
says she had the experience with Stanford
White in the Twenty-fourth street house.
Mr.. Delmas objected on the ground thai
the evidence tended to contradict Mrs
T'haws story and was not permissible
Mr.. Jerome said he desired to take ad-
vantage OF the waiver Mr.. Delmas had
made at the beginning Of the trial in re.
gard to rebuttlng the story.
'If you viii let me fix the date Of these
pictures" he said heatedly, Il VIII show
that on the night following the day they
were taken. when Mrs. Thaw says she
was maltreated by Stanford White, she was
not In the Twsnty-fourth street house al
! ALL"
Mr.. Jerome fairly shouted the last words
and pounded the table before him. Mr.
I Delmas said he must stand upon his OBJ
lection and It was sustained. He then
moved that the district attorneys "im-
proper remarks 70 which he has giver
emphasis OF voice and gesture" be stricken
] from An0 E0GpiuH MI 1ENoAAN ANNoANeA "
asking the court TO instruct the jury thai
the alleged assault or non-assault OF
Evelyn Nesbit had nothing to do with th'
I case.
Justice Fitzgerald admonished the jurorI
TO pay no attention to the remarks ad
dressed TO the court and to eonhne them
selves strictly to the evidence.
Agreement ON Closing Stage.
II was after this conflict that the agree
ment as TO the closing stages was reached
Mr.. Jerome said he would introduce as wit
nesses tomorrow Abe Hummel and hii
stenographer. Then he would conclude tn,
states case with the testimony OF three ex
perts. Drs. Austin Flint. Carroll Mcdonald
and william Mabon. It was agreed thai
after the defense has put In its case IN
sur-rebuttal each side shall have one cleal
day for the summing up. Then win follow
the charge Of the court and the considera,
tion OF the evidence by the jury. The ex
perts will not be reached before Thursday
and figuring on the disposal of ont a daJ
the last OF the trio win not be examined
until Monday next. The defense probably
viii occupy the remainder OF next weel
and the summing up win begin on Monday
the a5th inst. That would bring the charg,
I