The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-03-15

New York, March 13-The end OF
the Thaw trial at last seems TO De IN
sight and the twelve men who have
been ia the jury box for nearly eight
weeks are TO be Harry Thaw's judges.
Tentative plans for the final stages of
the trial was agreed upon today by
opposing counsel. even to the detail
of alloting the time for the Stunning up
District Attorney Jerome has at last
burned behind him all bridges leading
to a Iunacy commission and has ir-
revocably pointed his course to prov
ing 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
ten days or two weeks the case should
be in the jury's hands.
the strongest card he holds-evidence
which came to his knowledge but d
few days ago and which undoubtedly
caused him to abandon the idea Of
sending Whites slayer to a mad house
and to try for a straight out cOnvic-
tion under the criminal statutes. The
Whites brother, James CIinch Smith.
who told a remarkably succinct story
Cd the events on Madison Square Gar
den the night White was killed and
of a long conversation he had with
Thaw just prior to the shooting g.. 49,
H seems that Thaw sat for. some
time with Smith during the fateful
first performance Of MANTLE Cham
payne" and discussed with him a va
G1ety of topics in a manner Mr..
Smith declared any san man would
walk.
Mn. Smith gave the conversation in
detail, emitting nothing, he asserted.
With the brother-in-law of the man
who was so Don to be a victim of his
pistol, Thaw discussed the play, Wall
street common acquaintance, plans
fog the summer and many other things
Including a "buxon 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 no hint anywhere
IN the repeated conversation Of Thaws
intent to inflict bodily harm upon
any one. Mr.. Smith did say, however,
that Thaw, not having a reserced seat,
lOamed about the garden and con-
tinually looked in the direction of the
spot where he subsequently, killed
Stanford White.
Attorney Delmas for the defense,
bitterly fought the introduction of this
testimony for nearly two hours today,
renewing his argument begun yester-
day. He declared that Mr.. Smith was
properly a witness in chief and should
Rot be allowed to testify in rebuttal.
Mr.. Jerome replied that he had known
only for a few days the real value of
Mr.. Smiths testimony, the conver-
satiOns with Thaw and he appealed
to the discretion of the court to allow
the testimony to go in.
Justice Fitzgerald held that in the
of justice that the jpry was
to all the facts. It was one of
most serious blows the judge has
dealt the defense since the trial began.
There was another policeman on the
stand today who saw Thaw on the
night Of the tragedy and who declared
defendant at the time acted in a
rational manner.
Mr.. Jerome also summoned to the
DR.. Carlton Flint, the physician
% whom Evelyn Nesbit is said to have
gone with Jack" Barrymore, the ac-
Mr.. Delmas objected and DR..
Flint was not allowed to testify. It
said later that DR.. Flint had been
with a new ~subpoena-by the
fefense-and that he would be called |
I'D sur-rebuttal to answer the cues |
he was not permitted to ansver
As the last witness of TODAY, the
district attorney called Rudolph c.. |
the photographer who took
he pictures of Evelyn Nesbit Thaw
which have been introduced in evil
ience. The photographer was employ
ID by Stanford White. He had no
'Ooner been sworn than it developed |
hat Eckmeyer had also been employ |
ID by White to make the photograph |
C copy of the affidavit Evelyn Nesbit |
S said to have made in Abraham
1ummels office. Mr.. Eckmeyer iden-
the negatives made from the
ffdavit, but they were not offered i'm
violence. Mr.. Jerome next tried to
ct the photographer to fix the dates
{ certain pictures for which Evelyn
Tesbit posed, hoping thus to establish
ne ray the Nesbit girl says she had
40 oxnorionoa with Stamford uyb;ko