The San Francisco call., 1907-03-12

NEW YORK. March 11.-On the first
day of the States case in rebuttal at
the Thaw trial District Attorney Je-
rome today came to a temporary stand
still against the practically solid wall
the rules of evidence have built around
the story of Evelyn Nesbit Thaw. Je-
rome began to attack this story as
soon as court opened this morning.
There ensued a well nigh ceaseless
battle between the prosecutor and Del
phin NJ. Delmas, leading counsel for
the defense at the end of which JUS
tice Fitzgerald upheld the rule laid
down at the beginning of the trial
that young Mrs. Thaw's story was ad-
missible only as tending to show the
effect it might have had in unbalanc-
ing the defendants mind, and that its
truth or falsity was not material.
Jerome tried to avoid this rule by
declaring he was endeavoring merely
to show by inference-by circumstan-
tfaI evidence as to facts and details in
the story-that Mrs. Thaw could not
possibly have told the story to her
husband. Although he will doubtless
be blocked by the same rule when the
time comes, it is said the District At
torney may attempt in the same way
to prove an alibi for Stanford White
on the night he is alleged to have mall
treated Miss Nesbit.
LITTLE HEADwAY MADE
Nine-tenths of today's sessions were
spent in argument, and In nearly every
instance Delmas won his point as to
the law, while Jerome in the very ar
gument itself had got before the jury
a perfect knowledge as to what his
witnesses would have testified to had
they been permitted. The District At
torney called ten witnesses during the
day, but, aside from drawing from the
States eyewitnesses to the tragedy the
opinion that Thaw seemed rational the
night he shot and killed Stanford
White, little real headway was made
Lining up all his forces in rebuttal.
Jerome decided to open his fight by
attacking Evelyn Thaw's story. He
called Frederick W. Longfellow, former
ly an attorney 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. Delmas objected, but before
Justice Fitzgerald sustained the OBJ
lection and ruled out the evidence
Jerome declared: The story of the
girl tied to the bedpost and whipped
by Thaw is the story of Ethel Thomas.
This poor girl is now dead"
Here Delmas objected to the District
Attorneys remarks, and the latter be-
gan an attack along a different line.
He showed Longfellow the photo
graphic 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 1908 because she would not
tell lies against Stanford White"
Jerome followed this up by asking
the witness il Mrs Thaw had not
turned over to him certain papers to
which she had subscribed. Longfellow
said she had. There was long argu-
ment between Jerome and Delmas. at
the conclusion of which Longfellow
turned his entire examination to
naught by declaring that Mrs. Thaw
had never shown him paper similar
to the Hummel affidavit in any way.
The witness was therefore excused
without examination.
THAw ACTED NATIONALLY
Policemen who saw Thaw the night
of the tragedy declared he acted ra-