Los Angeles herald., 1907-03-13
JEROME DROPS
PLAN To PROVE
THAW INSANE
Opposite Theory Now
Advanced
Important Witness Found, Whose Tes-
timony May Convince the Jury
That Prisoner Was Sane
Night Of Tragedy
IN Assoclated Press.

NEW YORK, March 12.-The end o.
the Thaw trial at las. seems to be II
sight. Tentative plans for the ina
stages of the trial were agreed upoi
today by opposing counsel, even to tnt
detail of allotting the time for the sum
ming up.
District Attorney Jerome has at las
burned behind him all bridges leaulhe
to lunacy commission and is IRE
vocably pointing his course to proving
that Thaw was sane when he shot stan
ford White, and that being sane, ms
crime constituted murder in the nrs'
degree. within ten days or two weeks
the case should be in the jurys hanus
Mr.. Jerome played today what Is
probably the strongest card ne holus-
evidence which came to his knowledge
but a few days ago and Whlch ull-
doubtedly caused him to abandon tnt
idea of trying to send Whites slayer 10
a mad house and try for a straightout
conviction under the criminal statutes
The evidence came from Mrs stan
ford Whites brother. Mr.. Clinch smith
who told remarkable story, clear ano
succinct, of the events of Madlsoh
Square garden on the night Whlte was
killed and of a long conversation he
had with Thaw lust before the shoot
ing.
1t seems that the Thaws sat for some
time with Smith during the first OF the
performance of "Mam'selle Champagne
and discussed with him a variety ol
topics, in manner, Mr.. Smith says
such as any sane man would talk MT
Smith gave the conversation III uetdH
omitting nothing, he asserted.
with the brother-in-law of the mar
who was so soon to be victim OF ms
pistol, Thaw discussed the play wall
street. common occurrences, including
a 'buxom brunette" whom Thaw sa1d
he was anxious for Smith to meet
Thaw said he and his wife were going
abroad in the summer. There was noth-
ing whatever in the reported converse
ton of Thaws intent to infiict bodllV
harm upon any one. Mr.. Smith did say
however that Thaw. not having a re-
served seat roamed about the garden
and continually looked in the direction
of the spot where he subsequently
killed Stanford White.
Delmas offers Objection
Attorney Delmas, for the defense
bitterly fought the introduction of this
testimony for nearly two hours today
renewing his argument begun yesterday
afternoon. He declared Mr.. Smith was
properly a witness in chief and soor
will be allowed to testify in rebuttal
Mr.. Jerome replied that he had known
only for few days the real value o.
Mr.. Smiths testimony the conVersa,
tions with the Thaws, and he appealed
to the discretion of the court to allow
the testimony to go in.
Justice Fitzgerald held that in the IN
terest of justice the jury was entitled
to all the facts. It was one of the most
serious blows Jerome has dealt the de-
fense since the trial began.
There was another policeman on the
stand today who saw Thaw the night
of the tragedy and who declared the
defendant at that time acted in ra-
tional manner.
Mr. Jerome also summoned to the
stand DR.. Carlton Flint, the physician
to whom Evelyn Nesbit is said to have
gone with "Jack'' Barrymore, the
actor Mr.. Delmas objected and Dr.
Flint was not allowed to testify. 1t was
said later that DR.. Flint had been
served with new subpoena-by the
defense-and that he will be called in
sur-rebuttal to answer the questions he
was not permitted to answer today.
Photographer Called
AS the last witness of the day the
district attorney called Rudolph Eek
myer, the photographer who took the
pictures of Evelyn Nesbit Thaw which
have been introduced in evidence. The
photographer was employed by STAN
ford White.
He had no sooner been sworn than il
developed that Eckmyer had also been
employed by White to make the pho
tographic copy of the affidavit Evelyn
Nesbit is said to have made in Abra-
ham Hummel's office.
Mr.. Eckmyer identified the negatives
made from the affidavits, but they were
not offered in evidence. Mr.. Jerome
next tried to get the photographer to fix
the dates of certain 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
that the evidence tended to contradict
Mrs. Thaw's story and was not permis-
sible Mr.. Jerome said he desired to
take advantage of the waiver Mr.. Del
mas had made at the beginning Of the
trial in regard to the rebutting of Mrs.
Thaws story.
eff you will let me fix the date of
these pictures" he said heatedly IT
will show that on the night following
the day they were taken, when Mrs.
Thaw says she was ruined by Stanford
White, she was not In the Twenty
fourth street house at ALL"
Jerome Fairly Shouted
Mr.. Jerome fairly shouted the last
words and pounded the table before
him. Mr.. Delmas said he must stand
upon his objection and it was sustained.
He then moved that the district attor-
neys improper remarks, for which he
had given much emphasis of voice and
gesture. be stricken out of the records.
Jerome retorted by asking the court
TO instruct the jury that the alleged
ravishment or non-ravishment of Eve
lyn Nesbit had nothing to do with the
case.
Judge Fitzgerald admonished the