Daily press. [volume] (Newport News, Va.) 1896-current, 1907-03-12
Justice Fitzgerald Decides Against
The District Attorney on a
Number Of Points.
UNABLE TO.ATTAsk EVEIYN'SSTOaY
Ruling Made That 1t Is Immaterial
Whether 1t is True or Not-Most
Of the Time at Yesterdays Session
of the Thaw Trial Taken Up in Ar
guments.
lBy Associated Press. !

NEW YORK, March lion the
first day OF the States case In re-
bnttal of the trial of Harry X. Thaw,
District Attorney Jerome today came
to temporary standstill against the
practically solid wall the rules OF evil
dence have built around the story of
Evelyn Nesbit Thaw.g Mr.. Jerome be-
gan to attack this story as soon as
court opened this morning
There ensued well-nigh ceaseless
battle between the prosecuting attor-
ney and Dolphin M. Delmas, the lead
ing counsel for the defense. at the end
of which Justice Fitzgerald upheld the
rule laid down at the beginning of the
trial that young Mrs. Thaw's story
was admissible only as tending to
show the effect it might have had in
unbalancing the defendants mind and
that its truth or falsity is not mate.
rial. MIR. Jerome tried to avoid this
rule by declaring he was not endeav-
orlng merely to show by inference
by circumstantial evidence as to facts
and details in 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, 1t Is
said the district attorney mays attempt
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 today's sessions were
spent in argument and in nearly every
instance when the smoke of conflict
cleared away Mr.. Delmas had won
his point as to the law. while Mr..
Jerome In the argument itself had got
before the jury the knowledge as to
what his witness would have testified
to had they been permitted. The dis.
trict attorney called ten witnesses
during the day, but aside from draw.
ing from the states eye witnesses to
the tragedy the opinion that Thaw
seemed rational the night he shot
and killed Stanford White little real
Roadway was made.
Ethel Thomas Story Revived.
Lining UP all of his forces in re
buttal, Mr.. Jerome decided to omen
his fight upon the defense by attack
the story told the jury by Evelyn
Neshit Thaw. He calleG 20 the stand
Frederick W. Longfeilow, formerly al
attorney for Thaw, and asked hin,
first concerning the case in which
Ethel Thomas is alleged to have sued
Thaw for cruel treatment. Mr.. Del
mas objected to questions along this
line under the professional privilege
ofblewyer and client, but before JUS
ticeT Fitzgerald sustained the objection
and ruled out the evidence, Mr.. Je
rome 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 interposed an OBJ
lection to the district attorneys re
marks and the latter began an attack
along different lines.
He showed Mr.. Longfellow the pho
tographic copy of the affidavit Evelyn
Nesbit is said to have signed in the
office of Abe Hummel-alleged thai
fhaW treated her cruelty while abroad
IN 1908 because "she would not tel
lies against Stanford White"
Mr.. Jerome followed this I'D b,
asking the witness if Mrs. Thaw hat
not turned over to him certain papers
to5which she had subscribed.
Counsel Have Long Argument.
Mr.. Longfellow said she had. There
was long argument between Mr. Je
rome and Mr.. Delmas at the conclu
sion of which Mr.. Longfellow turned
his entire examination to naught b,
declaring that Mrs. Thaw had never
shown him a paper similar to the
Hummel affidavit in any way. He
thereuponn was excused without cross
examination.
Police officers who saw Thaw the
night of the. tragedy declared he acted
nationally.
Many of the witnesses called by the
state during the presentation of the
case in chief were recalled today. All
declared Thaw seemed to them to be
rational.
After the afternoon recess Mr.. lie
rome called to the stand DR.. Rudolph
Withaus, chemist and expert in poi
sons. Mr.. Jerome framed hypoth
etical question covering Evelyn Mes
bits condition on the night passed
with Stanford White in the Twenty
fourth street studio and asked i,
there was any known poison which
would induce insensibility in two min