Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1907-03-12
WHITES bROTHER~|N~LAW
is ALLOWED TO TESTIFY

pating, the latter two losing their tenn
pers at times, while Delmas retained
his usual cool and collected demeanor.
continually referring to Jerome as the
Learned district attorney"
Holds Time Had Passed.
Delmas contended Smith should have
been examined at the beginning OF the
trial and could not testify now in re-
buttal Jerome asked the court to eX-
ercise its discretion in giving the jury
the benefit of the testimony of the wit
ness who was not available at the time
the case was set for trial.
During his argument Jerome said he
and Hartridge had discussed the mat
ter and thought tley were in entire ac-
cord as TO the main facts.
When this matter is discussed in
court" broke in Delmas, 1T will be
discussed with me"
Il don't know whether it will OF
not" replied jerome. '.Haruidge is
the attorney OF record"
Asks i5-Minutc Recess.
Finally when Justice Fitzgerald an
nounced he was ready to rule on the
issues, DeImas asked a recess of Is
minutes to confer with associate coun
sci. The request was granted.
After the recess Justice Fitzgerald
loverruleI the objection of the defense
| to Smith testifying
states CaSc Halted.
New York, March 12.-District A
torney Jerome was wOrsted at every
turn in the Thaw trial yesterday. an,
as a result the states case in rebutta
came to temporary standstill agaifS
the practically solid wall rules of evi
dence have built around the story tolt
| by Evelyn Nesbit Thaw.
At the end of the days session Je
rome, balIlcd by the rulings of Justic.
Fitzgerald appealed TO the discretion
of. the court to permit him to go out
siFie the rules of evidence in his Cf
forts to discredit the testimony of Iht
prisoners wife.
| How jerome Was Buiiied.
| Under the rulings Of the court Je
rome was not allowed to prove the gen
uinencss of the famous Hummel pho
ItOgraphic affidavit.
He was not permitted to get befor
the jury the story of Ethel Thomas
the girl whom he claims Thaw tied t
a bedpest and-wAipped
He was not allowed to prove by a.
expert that there is no drug whicI
could have rendered Evelyn Nesbit III
conscious. as she testified.
The only testimony. in fact, that JC
rome succeeded IN getting past the Of
jcctiOns of the defense was that O
several policemen. who gave it as thei
opinion that Thaw acted in a perfect
rational manner when he was arrest
on the night ne killed Stanford White
Jury Caught IGea.
! It must be admitted. however. tha
IalthOUgh the poison expert was not a
lowed to answer serome's question. tn
jury must have got pretty good ide
of what Jerome was driving at
| Nine-tenths of the days session
were spent in argument, and in nearl
every instance when the smoke of cor
flict cleared away. Mr.. Delmas ha
won his point as to the law. while NJ
Jerome. in the argument itself, ha
got before the jury a perfect know
ledge as 10 what his witnesses woul
have testified to had they been permi
ted. The district attorney called /
Witnesses during the day. but asid
from drawing from the states ey
Witnesses to the tragedy the opinio
that Thaw seemed rational the mig
he shot and killed Stanford White Ii
, tie real headway was made.