The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1907-03-13
ATTACKS WIFE's STORY.
Mr.. Jerome Greatly Hampered
by Rules of Evidence.
District Attorney Tried to Show by DR..
Rudolph Witthaus That There Is
No Poison Known to Science That
Would Cause the Effects Described
In Mrs. ThaW's Evidence.

New York, March 12-On the first
day of the states rebuttal in the trial
of Harry X. Thaw District Attorney
Jerome came to temporary stand
still against the practically solid wall
The rules of evidence have built around
the story of Evelyn Nesbit Thaw. Mr..
Jerome began to attack this story as
soon as court opened.
There ensued a well-nigh incessant
fight between the prosecutor and Del
phin NJ Delmas, leading counsel for
the defense, at the end of which JUS
tice Fitzgerald upheld the rule laid
down at the beginning of the trial
that young Mrs. Thaw's story is admis-
sible only as tending to show the eff
feet 1t might have had in unbalancing
the defendants mind and that its
truth or falsity is immaterial.
Mr.. Jerome tried to avoid this rule
by declaring that he was endeavoring
merely to show by inference, by cir
cumstantial evidence as to details OF
the story, that Mrs. Thaw could not
possibly have told the story to her
husband. Although he will doubtless
be blocked by the same rule when the
time comes, it is said that he may at
tempt in the same way to prove an
alibi for Stanford White on the night
he is alleged to have maltreated young
Miss Nesbit.
Nine-tenths of the days sessions
were spent in arguments and in nearly
every instance Mr. Delmas won his
point as to the law, while Mr.. Jerome
in the arguments got before the jury
knowledge of what his witnesses
would have testified to had they been
permitted The district attorney call
ed 10 witnesses during the day, but
aside from obtaining from the states
eye-witnesses to the tragedy the opin-
ions that Thaw seemed rational the
night he shot and killed Stanford
White, little real headway was made.
Ethel Thomas Suit Against Thaw.
Lining up all his forces in rebuttal,
Mr.. Jerome decided to open his fight
upon the defense by attacking the
story told the jury by Evelyn Nesbit
Thaw He called to the stand Freder-
ick Longfellow and asked him first
about the case in which Ethel Thomas
is alleged to have sued Thaw for dam
ages because of cruel treatment. Mr..
Delmas objected to questions along
this line under the professional privi-
lege of lawyer and client, but before
Justice Fitzgerald sustained the OBJ
lection and ruled out the evidence, Mr..
Jerome declared:
"The story Of the girl tied to the
bedpost and whipped by Thaw is the
story of Ethel Thomas. This poor girl
is now dead" Here Mr.. Delmas in.
terposed an objection to the district at
torney's remarks and the latter began
an attack along different line.
He showed Mr.. Longfellow the pho
tographic copy Of the affidavit Evelyn
Nesbit is said to have signed in the of
flee of Abraham Hummel-alleging
that Thaw treated her cruelty while
abroad in 1903 because she would not
tell lies against Stanford White" Mr.
Jerome followed this up by asking the
witness if Mrs. Thaw did not turn over
to him certain papers to which she
had subscribed. Mr.. Longfellow said
she had. There was long contro
versy between Mr.. Jerome and Mr.
Delmas, at the conclusion of which Mr.
Longfellow brought his entire exam
ination to naught by declaring that
Mrs. Thaw never showed him a paper
similar in any way to the Hummel affi
davit. He tnereupon was excused
without cross-examination.
Police officers who saw Thaw the
night of the tragedy declared he acted
nationally.
"More Rational Than Irrational"
Captain Hodgins of the Tender
loin" precinct qualified his answer to
the question by saying only that "for
man who had just committed mur.
der, Thaw acted nationally" This
was stricken out and he then said:
well, his eyes had a stare and a gaze
such as they show as now look at
them" This answer also was stricken
out and finally the captain declared:
well, he seemed more rational
than irrational-and that's the best
answer can give you"
Many of the witnesses called by the
state during the presentation of the
case in chief were recalled. All de-
clared Thaw seemed to them to be ra-
tional.
During the afternoon recess Mr.. Jer-
ONE sprung something of a sensation
by calling to the stand DR.. Rudolph
Witthaus, a chemist and expert in
poisons. The district attorney framed
a hypothetical question covering Eve
lyn Nesbit's description of her night
with Stanford White in the oath street
studio house and asked if there was
any known poison which would cause
lnseuslUlily III tWo MINUTES anu per
NIT the quick recovery testified to by
Thaw's wife.
Around this vital point, which wound
up means by which the prosecutor
could attack the truth or falsity of
Mrs. Thaw's story, argument ragged for
an hour or more. Mr. jerome pleaded
with Justice Fitzgerald at great length
Idr. Jerome insisted that he was not
attacking the truth of the story. He
was calling for an expert opinion, he
asserted, to the effect that no known