The free lance. (Fredericksburg, Va.) 1885-1926, 1907-03-14
JEROME SI0BES A POINT
Whites Brother-in-Law Allowed to
Tell Story of Tragedy.
AeANpoNs LuNAcY COMMISSION

AeANDoNs LUNAcY COMMISSION
District Attorney viii Try to Prove
Thaw Was Sane and Seek Conviction
of Murder In the First Desree-End
OF Trial In Sight.
New York. March l3.-The end OF
The Thaw trial at last seems to be In
sight. and the ~ men who have been
in the jury box for nearly eight weeks
are to be Harry Thaw's judges. Tenta-
tive plans for the final stages OF the
trial were agreed upon by opposing
counsel. even TO the detail OF allottlng
the time for the summing up. District
Attorney Jerome has at last burned
behind him all bridges leading to
lunacy commission and has irrevoca-
bly, pointed his course to proving that
Thaw was sane the night he shot and
killed Stanford White. and that being
sane his crime constituted murder in
the first degree Within 10 days or two
weeks the case should be in the jury's
hands
Mr.. Jerome played probably the
strongest card he hOlds-evidence
which came To his knowledge but a
few days ago. and which undoubtedly
caused him to abandon the idea o.
sending Whites SLAYER to a mad house
and TO try for straight-out conviction
under the criminal statutes. The evil
deice came from Mrs. Stanford whites
brother. James Clinch Emith. who told
a remarkably clear, succinct story of
the events on Madison Square Garden
the night White was killed, and OF
long conversation he had with Thaw
lust prior to the shooting.
II seems that Thaw sat for some
time with Smith during the fateful
first performance of Nam 'zelle Cham
payne" and discussed with him va
riety of topics in a manner, Mr.. Smith
declared. such as any sane man would
talk. Mr.. Smith gave the converse
ton in detail. emitting nothing. he as
serted.
With the brother-n-law OF the man
who was so soon to be victim OF his
pistol Thaw discussed the play. Wall
street. common acquaiatances, plans
for the summer and many other things.
including a "buxom brunette, whom
Thaw declared ne 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' S
intent to inhict bodily harm upon any
one. Mr.. Smith did say. however, that
Thaw. not having a reserved seat.
roamed about the Garden and contin-
ually looked in the direction of the
spot where he subsequently killed
Stanford White.
Attorney Delmas, for the defense.
bitterly fought the introduction OF TINS
testimony for nearly two hours. He
declared that MIR. Smith was properly
a witness-in-chief and should not be al
lowed to testify in rebuttai. Mr.. Je-
rome replied that he he'd known only
for a few DAYS the real value OF Mr.
Smiths testimony-the conversations
with Thaw-and he appealed to the
discretion OF the court TO allow the
testimony to go in.
Justice Fitzgerald held that in the
interest of justice the jury was enti-
tied TO all the facts. It was one of the
most serious blows the judge has dealt
the defense since his trial began.
Mr.. Jerome also summoned TO the
stand DR.. Carlton Flint the physician
to whom Evelyn Nesbit is said to have
gone with Jack" Barrymore, the
actor. Mr.. Delmas objected and DR..
Flint was not allowed to testify. 1t
was said later that DR.. Flint had been
served with a new subpoena by the
dofense-and that he would be called
in sur.rebuttal to answer the questions
he was not permitted TO answer
AS the last witness of the day the
district attorney called Rudolph Eck-
myer. the photographer who took the
mixtures OF Evelyn Nesbit Thaw which
have been introduced in evidence. The
photographer was employed by Stan
ford White. He had no sooner been
sworn than il developed that Eckmyer
had also been employed by White to
make the Photographic copy OF the al
fdavit Evelyn Nesbit is said to have
made in Abraham Hummel's office.
Mr.. Eckmyer identified the negatives
made from the affidavit, but they were
not offered in evidence. Mr.. Jerome
next tried to get the photographer to
fix the dates of certain pictures for
which Evelyn Nesbit posed. hoping
thus to establish the day the Nesbit
girl saws she had the experience with
Stanford White in the oath street
house.
Mr.. Delmas objected on the ground
that the evidence tended to contradict
Mrs. Thaw's story and was not per-
Missile. Mr.. Jerome said he desired
to take advantage of the waiver Mr.
Delmas had made at the beginning OF
the trial in regard to rebutting Mrs.
Thaw's story.
IF you will let me fix the date OF
these pictures" he said heatedly, Il
will show that on the night following
the day they were taken. when Mrs
Thaw says she was ruined, Stanford
White was not in the oath street house
at all.
Mr.. Jerome fairly shouted the last
words and pounded the table before
him. Mr.. Delmas said he must stand
upon his objection. and it was sus
tanned. He then moved that the district
attorneys improper remarks, to which