Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1907-03-14
Plans for tho Final Stages Of the
Thaw Trial Agreed Upon
BY Attorneys.
STRONG POINT FOR JEROME
Judge Fitzgerald Admits the Test
mcny Of Whites BrctherInlaw
Who Describes Thaw's Acts
on Night Of Tragedy

N blBnL. IDntAtiVo plans Iof Tn
final stages Of the trial were agreet
upon Tuesday By opposing counsel
even to the detail Of alloting the TIM
Tor the summing up. (.
District Attorney Jerome has 81
last burned behind him ali brldgel
leading to o lunaoy commission ant
10 irrevocably pointing his course t.
proving that Thaw was sane when
he shot Stanford White and that be
ing sane his crime constituted muir
der In the first degree. Within ten
days Of two weeks the case should b
10 the jury's hands.
Mr.. Jerome played Tuesday prob
ably the strongest card he holds
evidence which came to his know.
ledge but q few days ago and which
undoubtedly caused him to abandon
me idea Of trying to send Whites
slayer to q madhouse and to try for
q straight out conviction under the
criminal statutes. The evidence came
from Mrs. Stanford Whites brother,
James Clinch Smith, who told re-
Invariably clear, succinct story Of the
events Of Madison Square Garden,
the night White was killed and Of q
long conversation he had with Thaw
Just before the shooting.
II seems Thaw sat for some time
with Smith during the fateful first
performance Of "Mam'selle Cham
pagne," and discussed with him a
variety of topics In a manner, Mr..
Smith declared, such as any sane man
would talk. Mr.. Smith gave the con.
versatlon in detail, emitting nothing,
he asserted.
With the brother-in-law Of the man
who was 30 soon to be victim of his
pistol, Thaw discussed the play, Wall
street, common acquaintance, plans
70 rthe summer and 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 summer. There was nothing any
where In the repeated conversation
Of Thaw's intent to inflict bodily harm
upon any one. Mr.. Smith did say,
however, that Thaw, not having re-
served seat, roamed about the gar
den and continually looked in the d.
rectlon Of the spot where he subse-
quently killed Stanford White.
Attorney Delmas for the defense
bitterly fought the Introduction Of the
testimony for nearly two hours, re-
newing his argument begun Monday
afternoon. He declared Mr.. Smith
was properly witness In cLief and
should not be allowed to testify in
rebuttal. Mr.. Jerome replied that he
mad 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 en-.
titled to all the facts. 1t was one OF |
the most serious blows the Judge has
dealt the defense since his trial be-
wnn.
As the last witness Of the day, the
district attorney called Rudolph Eek
myer, the photographer who took the
pictures Of Evelyn NesHit Thaw
which have been introduced in svi-
dence. The photographer was en-
ployed by Stanford White. He had
no sooner been sworn that It develop
Cd that Dckmyer had also been en-
ployed by White to make the photo
graphic copy Of the affidavit Evelyn
Nesbit "a said to have made In AbrG
ham Hummel'a office. Mr.. Eckmyer
identified the negatives made from
the affidavits, but they were not Of.
Tered in evidence. Mr.. Jerome next
lriod to get the photographer TO ~
Ne dates Of certain pictures for
whioh Evelyn Nesbit posed, hoping
Tins TO establish the day she says
ne had the experience with stan
ford White in the Twenty-fourth
street house.
%. Delmas objected on the ground
hat The evidence tended to contra
iiet Mrs Thaw's story and was not
2eFuiaeible. NJ. Jerome said he de. /
.Innf AZ fhla. -. 49, = ~ I. 80, L