Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-03-12
James Clinch Smith, a Brother
in-law of Murdered Man, ON
the Stand
DEFENSE OBJECTS TO WITNESS
Delma. Contends Smith Can Not Be
Called in Rebuttal and Lengthy Ar
gument Between Counsel Ensues-
jerome Says Smith Was Not Pre-
viously Available.

New York. March 12.-After the
counsel had spent more than two hours
of the morning session of the ThaW
trial in argument today. Justice Fitz-
gerald overruled the objection OF the
defense in the matter of allowing Dis
trict Attorney Jerome to continue ms
! examination of James Clinch smith,
brothey- -in-law of Stanford White. The
objection had been pending since ad-
journment yesterday.
Smith had conversation with Thaw
on the Madison Square roof garden
inst before White was killed. Jerome
said the conversation had a very im-
portant bearing on the case, but ne
had not learned of the conversation
itself until Smith returned from Eur.
ope last month. after the prosecutions $
case in chief had closed Attorney Del
mas for the defense, fought the intro
duction of this testimony to the last,
but Justice Fitzgerald ruled that IN
the interest of justice it should be adj
mitted. Jerome thereupon asked that
the taking of Smiths testimony be
postponed until afternoon. Jerome
called another policeman who saw
Thaw the night of the tragedy, who
declared today that the defendant acted
nationally. Jerome also called Dr.
Carlton Flint, to whom Evelyn Nesbit
Is said to have gone in 1902 with
Jack" Barrymore, the actor. Delmas
promptly objected to Flintsstestimony.
on the same grounds that he has3ytsF-
fered against other evidence of COLI
lateral facts tending to contradict
young Mrs. Thaw's testimony. The
district attorney seemed to anticipate
the objection, and said he did not care
to argue the point. Fitzgerald sus-
tained the objection and Flint was ex-
cused.
New York, March 12.-James .Clincn
Smith, Stanford Whites brother-in-
law, was recalled as a witness when
the Thaw trial opened today.
Delmas continued his argument of
yesterday as to the admissibility of the
testimony of Smith, contending he
should have properly been examined at
the beginning Of the trial and could,
not testify at this time in rebuttal. Je-
rome asked the court to exercise its
discretion in giving the jury the benefit
of the testimony of a witness who was
not available at the time the case was
set for trial.
Delmas said the matter was one of
greatest Importance to the defendant,
and thought the defense entitled to
fuller explanation of Jeromes grounds
for his application. Jerome said he
was willing to go into the whole story
and tell all the facts.
'.Mr. Hartridge and / have talked the
matter over, and think we are in en-
tire accord as to the main facts he
said.
when this matter is discussed in
court" broke in Delnas, sit will be dis
cussed with me-"
81 don't know whether it will or not"
replied Jerome "Hartridge is an at
torney of record"
After a little sparring, Delmas re-
sumed his seat, and Jerome began to
detail all the facts regarding the delay
in bringing Thaw to trial, the steps
taken by both sides to secure an inn
mediate trial, and to obtain certain tes-
timony by commission, Hartridge &C.
casionally interrupting to correct the
district attorney in the details Of the
story.
Sarcasm Marks Proceedings.
Once Hartridge made an extensive
argument, Jerome protesting the while
that the attorney allow him to proceed.
Hartridge claimed the district attor-
ney's office had changed the case one
afternoon from the court of general
sessions to the supreme court; with
out any notice whatever to defense.
$'Witness Smith left the city almost
Immediately after the tragedy" said
Hartridge hotly, "and he continued to
absent himself for a long time. Sud-
denly he came back. Surely Mrs.
White knew her brother was in the
city She was in constant touch with
the district attorney. Then Smith
sails away again last Christmas when
it was known the case was coming up
for early trial"
Here Mr., Jerome was allowed to pro-
ceed. After completing the narration
of what had happened between the
time of the homicide and the trial.
Jerome said:
st will now present to your honor
the legal basis for my request"
'I do not understand what the
learned district attorney means by le-
gal basis" said Delmas. His language
is not clear"
"Delmas will have to pardon my lack
Of experience and education and my