The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1907-03-13

time with Smith during the fstefm
irst performance OF "Msmzslle Cham.
payne" and discussed with him n vari.
ETY. Of topics In a manner. Mr. Smith
declared. such ~ any ssss msn would
talk. Mr.. Smith gave the conversation
In detail. emitting nothing. he asserted.
With the brother ln-law " the man
who was W soon 70 b q victim Of hs
pistol Thaw discussed the play. Wall
street. common acquaintanccs. plans
for the summer and many other things.
including a ''buxom brunette whom
Thsw declared he was anxious 20 have
Smith meet Thsw said he aud his
wife were going abroad later In the
summer.
There was no hint anywhere In the
repeated conversation OF Thaw's In.
tent 10 inhict bodily harm upon any
one. Mr. Smith did say. however. that
Thaw. not having a reserved scat.
rosmed about the garden aud continu.
ally looked In the direction Of the spot
where he subsequently killed stanford
White.
Attorney Dclmas. for the defense.
bitterly fought the introduction Of this
testimony for nearly two hours. hu,
without succsss
A. the last witness Of the DAY the
district attorney called Rudolph Eek.
mycr. the photographer who took the
pictures Of Evelyn Nesbit Thaw which
have been introduced In evidence The
photographer WIS employed by stan.
ford White. lie had no sooner been
sworn than IL developed that Eckmyer
had also hem employed by White 20
make the Photographic copy Of the an.
davlt Evelyn Nssbit IL said 10 have
made IN Abraham Hummcrs once.
Mr. Eckmycr Identified the negatives
made from the affidavit. but they were
not offered In svidence Mr.. Jerome
next tried TO get the photographer 10
fit the dates Of certain pictures FOR
which Evelyn Nesblt posed. hoping
thu. 90 establish the day the Nesblt
girl says she had the experience with
stanford white In the Twenty fourth
street house.
Mr.. Dclnas objected on the ground
that the evidence tended 10 contradict
Mrs. Thaw's story and was not per.
misslblc. Mr.. Jerome said he desired
20 take advantage Of the waiver Mr..
Delmas had made az the beginning Of
the trial In regard TO rrbuitins AIRS.
Thaw's story.
"If you will let me m the date OF
these pictures" he said heHtedly. Il
will show that on the night following
the day they were taken. when Mrs,
Ihaw says she was ruined. stanford
White was not In the Twenty fourth
street house ~ all"
Mr.. Jerome fairly shouted the las,
words and pounded the table before
him. Mr.. Dclmas said he must stand
upon his objection. and u was sustain
cd. lie then moved that the district
attorneys improper remarks. 10 which
he has given such emphasis 81 voice
and gesture" be stricken from the rec
oria.
Mr.. Jerome rciorted by asking the
court 20 instruct the jury that the al
legged ravishmcnt or nonraylshment Of
Evelyn Ncsbit had nothing whatever
TO do with the case.
Justice Fitzgerald merely ndmonlsh
ed the jurors 10 pay no heed TO the
remarks Of counsel addressed 20 the
court aud 20 conhnc themselves strict
~ 10 the evidence.
II was after this conflict Of counsel
that the agreement NJ 90 the closing
stages of tho case was reached. Mr.
Jerome said he would next Introduce
~ witnesses Abraham IIummcl and
his stcnographcr. Thcn " bis plans
carried he would conclude the states
case with the testimony Of three ex'
perts-Drs. Austin Flint. Carlos Mac
Donald and william Msbon