The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1907-03-15
,JEROME'S EFFORTS
blocked BY DELMAS.
NEARLY ALL HIS REBUTTAL TES-
TIMONY IN THE THAW TRIAL
EXCLUDED.
Day Spent in Argument-Attack on
Evelyn Nesbit Thaw's Story Barred
by Rules of Evidence-Police Off
GERS on Stand.

New York, March 12.-On the nfSt
day of the states case in rebuttal at
the trial of Harry X. Thaw, District
Attorney Jerome Monday came to a
temporary standstill against the prac-
tically 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 in the morning. There ensued
a well-nigh ceaseless battle between
the prosecutor and Dolphin NJ. Del
mas, the leading counsel for the de-
tense, 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 admissi-
BILE only as tending to show the effect
it might have had in unbalancing the
defendants mind, and that its truth
or falsity is not material.
Little Roadway Made.
Nine-tenths of Mondays 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 very argument it.
self had got before the jury perfect
knowledge as to what his witnesses
would have testified to had they been
permitted.
The district attorney called ten wit
nesses during the day, but aside from
drawing from the states witnesses
to the tragedy the opinion that Thaw
seemed rational the night he shot and
killed Stanford White, little real head
way was made.
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 Fred
erick w. Longfellow, formerly an at
torney for Thaw, and asked him first
concerning the case in which Ethel
Thomas is alleged to have sued Thaw
for damages because of cruel treat
ment. Mr.. Delmas objected to ques-
tons along the line under the profess
sional privilege of lawyer and client,
but before Justice Fitzgerald sus-
tanned the objection and ruled out the
evidence, Mr.. Jerome declared: "The
story of the girl tied to the bed post
and whipped by Thaw is the story of
Ethel Thomas. This poor girl is now
dead"
Gets Nothing from Longfellow.
He showed Mr.. Longfellow the pho
tographic copy of the affidavit Evelyn
Nesbit is said to have signed in the
Office of Abraham Hummel-alleging
that Thaw treated her curelly while
abroad in 1903 because she would
not tell lies against Stanford White"
Mr.. Jerome followed this up by ask
ing the witness if Mrs. Thaw had not
turned over to him certain papers to
which she had subscribed. Mr.. Long
fellow said she had. There was long
argument between Mr.. Jerome and
Mr.. Delmas, at the conclusion of which
Mr.. Longfellow turned his entire eX-
animation to naught by declaring that
Mrs. Thaw had never shown him a
paper similar to the Hummel affidavit.
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 Monday.
All declared Thaw seemed to them to
be rational.
Blocked on Drug Question.
In the afternoon Mr.. Jerome called
to the stand DR.. Rudolph Witthaus, a
chemist and expert in poisons. The
district attorney framed a hypotheti-
cal question covering Evelyn Nesbit's
description of her night with STAN
ford White in the Twenty-fourth
there was any known poison which
would cause insensibility in two min
utes and permit of the quick recovery
testified to by Thaw's wife.
Around this vital point, opening up
as it did a path through which the
prosecutor could march his forces in
attack upon the truth of falsity of
Mrs. Thaw's story, the storm of argu-
ment ragged for an hour or more. Mr..
Jerome pleaded with Justice Fitzger-
aid at great length. Mr.. Delmas, in
reply, cited Mr.. Jerome's own words
at the beginning of the trial. At that
time the district attorney had the
court instruct the jury that young
Mrs: Thaw's testimony was permissi-
BILE only as tending to show what eff
feet it's relations to Thaw may have
had in unseating his mind
Justice Fitzgerald sustained the OBJ
lection interposed by the defense.