The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-12
After an Argument Occupying
the Morning Session
Smith Is Permitted to Testify
i'm the ThaW Trial.
DIR. FLINT IS CALLED.
Testimony Objected to and He Is
Excused.
District Attorney Plans an Alibi
for Stanford White.

New York, March 12.-After coun-
sci had spent more than two hours of
| the morning session of the Thaw trial
! in argument today Justice Fitzgerald
! overruled the objection of the defense
| in the matter of allowing District At
torney Jerome to continue his exami-
nation of James Klinch Smith, a
brother-in-law of Stanford White Mr.
Smith had a conversation with Harry
*. Thaw on the Madison Square roof
garden just before White was killed.
MI Jerome said this conversation had
very important bearing on the case
and he had not learned of the CONVEX
sat1on itself until Smith returned from
Europe last month. after the prosecu-
tion's case in chief had closed.
Mr. Delmas for the defense, fought
the INTRODUCTION of this testimony to
the last but Justice Fitzgerald ruled
that in the interest of justice it should
be admitted. Taking of Mr.. Smiths
testimony was postponed until after
noon.
Meanwhile Mr.. Jerome called DR.
fllnt, to whom Evelyn Nesbit is said
to have gone in 1902 with Jack Bar
rymore, the actor. Mr.. Delmas OBJ
Jected to DR.. Flint's testimony on the
same grounds that he has offered
against other evidence of collateral
facts tending to contradict young Mrs.
Thaw's testimony
Inc district attorney seemed to an
ticipate the objection and said he did
not care to argue the point.
Justice Fitzgerald sustained the OBJ
lection and DR.. Flint was at once ex-
cused.
Wrangle Over Smith.
New York. March 12.-With the re-
sumption Of the Thaw trial. this morn
ing, Mr. Delmas, leading counsel for
the defense, continued his argument as
OF OF Yesterday as to the admissibility of
ffFF7c of T1I,~
brotf er-i1-law of Stanford White, who
was absent from the country when the
prosecution presented its case in chief
against Harry K. Thaw and who was
intrcduced. rs witness yesterday af-
ternoon by District Attorney Jerome to
tell OF certain conversations he had
with Thaw on the Madison Square
Roof garden the night Stanford White
was shot ard killed.
Mr.. Delrnas 7ontended that Mr.. Smith
should properly have been xamined a
the beginning of the trial and could
not testify at this time in rebuttai.
Mr.. jerome asked that the court ex-
ercise its discretion in giving the jury
the benefit of testimony of a witness
who was not available at the time the
case was set for trial.
MIR. SpIith WAS recalled to the stand
when the argument began this morn
ing.
Mr.. Delmas said that the matter was
one of the greatest Importance to the
was entitled to a fuller explanation of
Mr.. Jerome's grounds for his applica-
ton.
Mr.. Jerome said he was willing to
go into the whole story and tell all the
"Mr. Hartridge and I have talked the
matter over and l think We are in en-
tire accord as to the main facts" he
said.
when this matter is discussed in
court broke in Mr.. Delmas, lit will
be discussed with me-
7 don't t,ok know whether ] it, it will or
ridge is tire attorney of record.
After a little sparring, Mr.. Delmas
resumed his seat and Mr.. Jerome began
to detail all the facts regarding the de-
lay in bringing Thaw to trial and the
steps taken by both sides to secure an
immediate trial and obtain testimony
by commission. Mr. Hartridge occasion
ally interrupting to correct the district
attorney in details of the story.
Hartridge Makes an Argument.
once Mr.. Hartridge made an extern
sive argument, MI. Jerome protesting
the while that the attorney allow him
to proceed. Mr.. Hartridge claimed that
the district attorneys office had chang
ed the case one afternoon from the
court of general sessions to the su-
preme court without any notice what
ever to the defense.
''The witness, Smith. left the city al
Mr.. Hartridge said hotly. "and he con-
tinued to absent himself for long
time. Suddenly he came back. Surely J
Mrs White knew that her brother was
in the city and she was in constant
touch with the district attorney. Then
Smith sails away again last Christmas
when it was known this case was COM |
ing up for an early trial.
Here Mr.. Jerome was allowed to pro- |
ceed.
After completing the narration of
what had happened between the time of
the homicide and the trial, Mr.. Jerome
said:
4 will now present to your honor the
legal basis for my request"
Il do not understand what the learn
ed district attorney means by legal
basis said Mr.: Delmas. his language
is not clear
Mr.. Delmas will have to pardon my |
lack of experience and education and
my inability to make myself clear in |
the English language responded Mr.. |
Jerome. by legal basis, 1 mean the
statutes and the law in the case"
My understanding of the term is not |
the same said Mr.. Delmas. '-and I /
see no reason for the district attorneys |
petty sarcasm and loss of temper"
Il spoke more in sorrow than in an |
ger" rep!ied Mr. Jerome and the ar
gunent ended in q general laugh.
"Mr. DeIn1as, however, precipitated /
another conflict with the district attor- !
ney by calling attention to the fact that |
Mr. Jerome had OF definitely specified |
the dates of Smiths departure for Eur
ope.
II want to caution the district attor- |
ney,' continued Mr.. Delmas.
II need caution, no. information from
the counsel. rejoined Mr. Jerome
NO" said Mr.. Delmas, "and / am not |
willing to undertake the arduous task |
4