The Democrat-sentinel. [volume] (Logan, Ohio) 1906-1935, 1907-03-14
STATE SCORES IN THAW TRIAL
BY THE JUDGES RULING.
Whites Brother-In-Law Allowed to Testify.
News In General.

New York, March 13.--District At
torney Jerome, during tho session of
the Thaw trial, played probably the
| strongest card he holds--evidence
which came to his knowledge but
few days ago and which undoubtedly
caused him to abandon the idea of
sending Whites slayer to madhouse
and to try for straight-out convic-
tion under the criminal statutes. The
evidence came from Stanford Whites
brother-in-law, James Clinch Smith,
who told remarkably clear, succinct
story of the events of the Madison
Square Garden the night White was
Killed, and of long conversation he
had with Thaw just prior to the
shooting, Harry Thaw sat for some
time with Smith during the fateful
nrst performance of "Mamselle Cham
pagne,' and discussed with him a
variety of topics in manner, Mr..
Smith declared, such as any sane man
would talk. Mr.. Smith gave the con-
versation In detail, omitting nothing,
he asserted. With the brother-in-law
OF the man who was so soon to be a
victim Of his pistol, Thaw discussed
the play, Wall street, common ac-
quaintances, plans for the summer
and many other things, including
"buxom brunette" whom Thaw de-
clared he was anxious to have Smith
meet. Thaw said he and his wife
were going abroad later in the sum-
mer. There was no hint anywhere In
the repeated conversation of Thaw'a
intent to infiot bodily harm upon any
one. Mr. Smith did say, however,
that Thaw, not having reserved seat,
Toamed about the garden and contir-
ually looked In the direction of the
spot where he subsequently killed
Stanford White.
Attorney Delmas, for the defense,
bitterly fought the introduction Of this
testimony for nearly two hours. He
declared that Mr.. Smith was properly
a witness in chief and should not be
allowed to testify in rebuttal. Mr..
Jerome replied that he had known
only for few days the real value of
Mr.. Smiths testimony-the conversa-
tions with Thaw-and he appealed to
the discretion of the court to allow
the testimony to go in. Justice Fitz-
gerald held that in the interest of
Justice the jury was entitled to all the
facts. 1t was one of the most serious
blows the judge has dealt the defense.
photographer Called.
Rudolph Eckmyer, the photog-
Tapher, who took the pictures of Ev-
elyn Nesbit Thaw which have been
in evidence, was called,
The photographer was employed by
Stanford White. He had no sooner
been sworn than it developed that
Eckmyer also had been employed by |
White to make the Photographic copy |
Of the affidavit Evelyn Nesbit is said |
to have made in Hummels Office. Mr.. |
Eckmyer identified the negatives |
made from the afiidavits, hut they |
were not offered in evidence. Mr. |
Jerome next tried to get the photog-
rapher to fix the dates of certain pic
lures for which Evelyn Nesbit posed, |
hoping thus to establish the day the |
Neshit girl says she had the expert
ence with Stanford White in the
Twenty-fourth street house.
Mr.. nelmas objected on the ground
hat the evidence tended to contradict
Mrs. Thaw's story, and was not per-
missible, Mr.. Jerome said he desired
20 take advantage of the waiver Mr..
Delmas had made at the beginning of
he trial in regard to rebutting Mrs.
rhaw's story.
II you will let me fix the dates of
hese pictures" he said, 81 will show
hat on the night following the day
hey were taken, when Mrs. Thaw
'ays she was ruined, Stanford White
vas not in the Twenty-fourth street
house at ALL"
There was another policeman on
he stand who saw Thaw the night of
he tragedy, and who declared the de-
endant at that time acted in a ra-
ional manner.
Mr.. Jerome also summoned to the
itand DR.. Carlton Flint, the physician,
o whom Evelyn Nesbit is said to
lave gone with Jack Barrymore, the
lctor. Mr.. Delmas objected and DR.
flint was not allowed to testify. 1t
vas said later that DR.. Flint had been
erved with new subpoena-by the
lefense--and that he would be called
n sur-rebuttal to answer the ques-
ions he was not permitted to answer.
The end of the trial seems to be in
light. Tentative plans for the final
tages of the trial have been agreed
pom by opposing counsel, even to the
etail Of alloting the time for the
umming up.
jamestown Stamps.
Washington, March 13.-The post.