The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-03-12

facts is there any poison known to SCI
ence that would produce The lnsenslnility
indicated in the question and permit OF
the quick recovery also indicated in the
question:"
Mr. Delmas objected on the ground that
the question was mmaterial, not rehuttal
testimony and not permitted under the
rules OF evidence as attacking the trnth
OF Mrs. Thaw's statement TO her nus
band
Jerome Fights Hard.
II take il as a general rule" said Mr.,
Jerome, that when witness ,estihes
to an important point IT can be disputed.
The principal fact in this case is whether
or not Mrs: Thaw told the story 10 sne
defendant in Paris as she has testified
she did. Ii II can be shown that she did
not make that statement to Thaw, then
the contention that this caused INSANITY
falls to the ground. There are two ways
In which the fnlslty OF fact may he
proved. The first Is by direct testimony
but it may also be proved by eircumstan
tial evidence where direct evidence Is not
available Therefore the people are driven
to circumstantial evidence
''I should say that the fact that we can
prove that the things she described did
not occur, for the answers to the hypo-
thetical question is evidently clrcumstan-
tial evidence which tends TO show tha: the
main fact-her statement that she told
these things to Mr.. Thaw-ts not true.
III I can show that there Is no drug
known 10 science which wlll produce the
results she told of, | submit that " Is
plainly admissible
NIr Jerome then read a case decided by
the Supreme court Of Kentucky which: he
said. bore exactly on this point. The
material question here is whether or not
Mrs. Thaw told this story to her husband
In Paris. II / can show that the things
she Is said TO have related did not take
drug TO cause such effect, then that Is evil
dence from which the jury may Judge she
never did tell these things she says she
did.
Mr. Delmas replied by again reading
from Mr. Jeromes remarks at the begin
ming of the trial
The very things he Is attempting TO TO
the beginning OF this trial he would not be
permitted TO do under the laws of this
State, After trial lasting more than SIX
weeks we are told that the rule laid
down by the judicial District Attorney at
the beginning of the trial is not the law
OF this State at all"
Mr.. Jerome insisted that the question
now before the court was an entirely diff
| ferent proposition.
Justice Fitzgerald said he could not
see the matter In that light and sustained
the objection.
DR.. Witthaus was excused
More Trouble for the State.
After the usual afternoon recess of 10
minutes Mr.. Jerome called 10 the stand
James C. Smith OF Smithtown n. y.
| Mr.. Smith said he was a brother-in law
OF Stanford White and is q lawyer
On January 21. the day the Thaw trial
began, the witness said he was in Paris
and out Of the courts jurisdiction when
the prosecution put in It's case In chief
Mr.. Smith said he was on Madison
Square Roof Garden the night of the
| tragedy
AFTER you were seated, did you see
the defendant enter?' asked MI Jerome
Mr.. Demas objected upon the ground
that the evidence was not In rebuttal
Mr.. Jerome. said II was important tes-
timony in rebuttal and not part OF the
case In chief.
Mr.. Demas declared it meant the re-
opening OF the entire case.
Justice Fitzgerald said that the Dis
| trict Attorney should coDfine himself &c
the evidence in examining the witness
Mr.. Smith said that when Thaw came
into the garden the night OF June IS
he did not speak TO him.
Mr. Delmas continued to object tc
every question and when overruled he
noted exceptions,
Mr. Smith said that Thaw later came
over 10 where he was sitting and chatteG
with him.
Mr. Jerome asked wnat the converse
tions were and again Mr.. Delmas OBJ.
jected.
at want to show that this mans con.
versations the night of the tragedy was
perfectly sane" said Mr.. Jerome In ar.
gung his point. Justice Fitzgerald over,
ruled the objection.
"Mr. Thaw," said the witness, pu
the members OF his party into the seats
stood In the aisle for minute or moro
looking over the heads of the audi
ence-
''I object" said Mr. Deinas and wa.