The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-12
Judge Fitzgerald Holds That
Truth Or Fa|sity Of Story
is ImmateriaI
MAY TRY TO PROVE AuB|
. FOR STANFORD WHITE
Most of the Day Is Spent In Argument
In Which Mr.. Delmas Wins On
All Points of Law
Raised.

New York, March lion the first day
of the states case in rebutal at the trial
of Harry X. Thaw, District Attorney
Jerome came today to a temporary stand
still against the practically solid wall
the rules of evidence have built around
the story of Evelyn Nesbit Thaw.
Mr.. Jerome began to attack this story
as soon as court opened. There ensued
a. we'll nigh ceaseless battle between the
prosecutor and Dolphin NJ. Delmas. lead
ing counsel for the defense, at the end
of which Justice Fitzgerald upheld the
rule laid down at the beginning of the
trial--that young Mrs. Thaw's story was
admissible only as tending to show the
effect it might have had in unbalancinS
the defendants mind, and that its truth
or falsity is not material.
Mr. Jerome tried to avoid this rule by
declaring he was endeavoring merely to
show by inference, by circumstantial evil
dence 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
same way to prove an alibi for Stanford
White on the night he is alleged to have
maltreated young Miss Nesbit.
Nine-tenths of todays session was
spent in argument and in nearly every
instance when the smoke of conflict had
cleared away Mr.. Delmas had won his
point as to law, while Mr.. jerome, in the
very argument itself. had got before the
jury a perfect knowledge as to what
his witness would have testified to had
lie been permitted. The district attorney
called ten witnesses during the day, but
aside from drawing from one of tire
states eye witnesses to the tragedy, the
opinion that Thaw seemed rational the
night he shot and killed Stanford White,
little headway was made.
Opens His Fight.
Summing up all his forces in rebuttal.
Mr.. Jerome tried to open his fight upon
the defense by attacking the story told
to the jury by Evelyn Nesbit Thaw. He
called to the stand Frederick Longfellow.
formerly an attorney for Thaw. and asked
him first concerning the case in which
Ethel Thomas was alleged TO have sued
Thay- for damages because of cruel treat
ment Mr. Delmas objected to questions
along this line under the professional
Justice Fitzgerald sustained the objection
and ruled out the evidence, Mr.. Jerome
declared: 'The story of the girl tied to
the bedpost and whipped by Thaw is tho
story of Ethel Thomas. This poor girl
is now dead"
Here Mr.. Delmas interposed an objec-
tion to the district attorneys remarks,
and the latter began an attack along a
different case. He offered Mr.. Longfe-
low the Photographic copy of the affi-
davit that Evelyn Nesbit Thaw is said
to have signed in the office of Abraham
Hummel, alleging that Thaw treated her
cruelty while abroad in 1903, because she
would not tell lies against Stanford
White"
Long Argument
Mr. Jerome followed this up by asking
the witness if Mrs. Thaw had not turned
over to him certain papers 10 which she
had subscribed. Mr. Longfellow said she
had. There was long argument be-
tween Mr.. Jerome and Mr.. Delmas. at
the conclusion Of which Mr.. Longfellow
turned his ent e examination to naught
by declaring tha Mrs. Thaw had never
shown him a PAPER similar to the Hum
nell affidavit in any way. He thereupon
was excused without cross-examination.
At the afternoon session, Mr.. jerome
called to the stand DIR. Rudolph Witt
haus, a chemist and expert in poisons.
The district attorney framed a hypothet-
icaI question concerning Evelyn Nesbit
Thaw's night with Stanford White while
in the Twenty-fourth street house, and
asked il there was any known poison
which would cause insensiblity in two
minutes and permit of the quick recov-
cry testified to by Thaw's wife. Around
this vital point, opening up as it did a
path through which the prosecutor could
march his forces in attack upon the truth
or falsity of Mrs. Tbaw's story, the storm
of argument ragged for an hour or more.
objection Sustained.
Justice Fitzgerald finally sustained the
objection interposed by the defense.
When late in the afternoon Mr. Jerome
called James C. Smith a brother-in-lsw
of Stanford White. to the stand, another
long argument ensued.
Mr. Smith was in Madison Square Gar
den the night of the tragedy He knew
Thaw and spoke with him that evening.
He said that Thaw stood in the aisle a
minute or more after reaching his seat,
loking over the audience intently.
Mr. Delmas objected to this, and 1t was
stricken out of the record.
The attorney for the defense also OBJ
iected to Mr. Smiths testifying at all,
saying he should have been produced dur
ing the presentation of the case in chief.
The matter was pending when adjourn
ment until tomorrow morning was or
dered.
LongfeIlow Is Called.
The first witness called by Mr.. Jerome
today was Frederick w. Longfellow, one
az the Thaw family attorneys, who was
called by the defense some time ago to
identify certain letters which Harry X.
rhaw wrote to him in 1903 Today Mr..
Jerome wanted him TO identify letter
handed him by Evelyn Thaw upon her
arrival from Europe late in 1903.
AR. Longfellow met Mrs. Thaw at the
ship. which docked October - Mrs.
Thaw on the witness stand said she could
rot fix the date or the name of the
steamer.
Mr.. Longfelow said he acted as Thaw's
attorney for some years prior to June
IS 1906
"pid you represent this defendant IN