Milford chronicle., 1907-03-15
JEROME FOILED
IN THAW CASE
Attack on Evelyn's Story Overruled
by the Court.
ATTACKS INSANITY PLEA

New York, March 12.-On the first
Gay Of the states case in rebuttal at
the trial of Harry X. Thaw, District
Attorney Jerome came to a temporary
standstiI against the practically 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.
There ensued a well nigh ceaseless
battle between the prosecutor and Del
phin NJ. Delmas, the leading counsel
for the defense. 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 ad-
missable only as tending to show the
effect it might have had in unbalanc-
ing the defendants mind and that its
truth or falsity is not material.
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-
-tions along the line under the profess
siOnal privilege of lawyer and client,
but before Justice Fitzgerald sustain
ed the objection and ruled out the
NGp Z
"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" Here Mr. Delmas inter |
posed an objection to the district at
,forney's remarks and the latter began |
san attack along a different line.
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 cruelty while |
abroad in 1903 because she would not |
tell lies about 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 not. There was a
long argument between Mr.. Jerome
aud Mr.. Delmas at the conclusion of
which Mr.. Longfellow turned his en-
tire examination to naught by declar-
ing that Mrs. Thaw had never shown
him a paper similar to the Hummel
affidavit in any way.
Mr. Jerome 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
ssending Whites slayer to a mad house
and to try for a 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
just prior to the shooting.
1t seems that Thaw sat for some
time with Smith during the fateful
first performance of MAN 'zelle Cham
payne" and discussed with him va
riety of topics in manner, Mr.. Smith
such as any sane man would
talk. Mr.. Smith gave the conversa-
tion in detail emitting nothing, he as
serted.
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 acquaintances, plans
for the summer and many other things,
including a "buxom brunette" whom
Thaw declared he was anxious to have
Smith meet. Thaw said he and his wife
were going abroad later in the sum-
mer. There was nc hint anywhere in
the repeated conversation Of Thaw's
intent to inflict 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 j
White
Attorney Delmas, for the defense,
bitterly fought the introduction Of this (
testimony for nearly two hours. He I
that Mr. Smith was properly :
|. witness-in-chief and should not be al
Owed to testify in rebuttal. Mr.. Je-
rome replied that he he'd known only
ior a few days the real value OF Mr..
5mith's testimony-the conversations
With ThaW-and he appealed to the