Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1907-03-14
AGREE To WIND
Up THAE TRIAL
ATTORNEYS DECIDE ON LAST
FEATURES
STATE SCORES BIG POINT
Brother-in-law OF Slain Architect
Tells of Rational Conversation
With Thaw Immediately Prior 10
the Murder-Jercme Accused Of
Unfairness.

New York. March 1&,-The emu OF
the Thaw trial at last seems to be in
sight Tentative plans FOR the hual
stages of the trial were decided upon
yesterday by the opposing counsel
even TO the detail of allotng time for
summing up. Jerome has at last
burned behind him all the bridges
leading to a lunaCy commission AID
has irreyocably pointed his course to
proving that Thaw was sane when ne
shot White and that being sane his
crime constituted murder in the first
degree. Within ten days or SO the
case should be in the jury's hands.
Jerome played yesterday probably
the strongest card he knows-evl.
dence which came 70 his knowledge
but a few days ago and which ia
doubtedly caused him TO abandon tho
idea Of trying to have Whites slayer
sent to the madhouse and try for a
straight conviction under the criminal
statutes. The evidence came from
Mrs Whites brother, James Clinch
Smith, who told a remarkably clear,
succinct story of the events OF Madi-
son Square Garden the night that
W mite was killed, and Of long cor.
versation he had with Thaw Just
prior to the shooting.
1t seems that Thaw sat for SOW
time with Smith during the lateful
first performance of MadamsaNc
Champagne and discussed with him a
variety of topics in a manner Smith
declared such as any sane man
would talk Smith gave the convor-
sation in detail, emitting nothing he
assorted
Talked Perfectly Rational,
With the brotner-in-law of the man
who was so soon to be victim OF
his pistol, Thaw discussed the play,
| Wall street acquaintances, plans for
! the summer and many other things in.
! Guiding a "buzom brunette" whom
Thaw declared he was anxious that
Smith meet Thaw said that he and
his wife were going abroad later IN
! the summer, There was no hint any
where in the repeated conversation or
| Thaws intent to inhict bobby harm
upon anyone. Smith did say how
! ever, that Thaw, not having TO-
served seat, roamed about the garC en-
and continually looked in the dircc-
tion Of the spot where he subseduent-
ly killed White
Delmas, for the defense. bitterly
! fought the Introduction of this testi-
mony for nearly two hours. He dc
clared that Smith was properly a wit
ness in chief and should not be al
| lowed to testify in rebuttal. jerome
replied that he had known only Tor a
/ few days Of the real value of Smith S
| testinony-the conversation with
Thaw-and he appealed to the dis,
erection of the court to allow the ties
timony to go in.
jury Entitled to Facts.
The court held that in the interest
If justice the jury was entitled to all
the facts It was one of the most
serious blows the Judge has dealt the
defense since the trial began.
Jerome summoned to the stand pr.
Carlton Flint, the physician to whom
Evelyn Nesbit is said to have gone
with Jack" Barrymore. the actor.
Demas objected and Flint was not al
lowed to testify.
1t is said that Flint had been
subpoenaed by the defense. and that
he would be called In sur-rebuttal 10
answer questions he was not permit
ted to answer Yesterday.
Photographed Alleged Statement.
As the last witness Of the day, the
district attorney called Rudolph Eek
myer. the photographer who took the
pictures Of Evelyn Nesbt Thaw whi1h
have been introduced in evidence The
photographer was employed by
White. He had no sooner been
sworn than il developed that Eek
myer hau also been employed by
White TO make a Photographic copy
OF the affidavit Evelyn Nesbit is said
to have made to in Lawyer Hummels
Office. Eckmyer identified the nega.
tives made from the affidavits but
they were not offered IN evidence. Js-
rome next tried to get the photog.
rapher to fix the dates Of certain pic
lures for which Evelyn Nesbit posed
hoping thus 10 establish the day the
Nesbit girl says she had her experl-
ence with White in the gath street
house Answering Delmas' objection,
Jerome declared that If he were al
lowed to fix the date Of these pic
lures he would show that on the
night following the day they were
taken. when Mrs. Thaw says she was
abused by White. White was not in
the Path street house at ALL
Jerome fairly shouted tho last words
and pounded the table before MIN