Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-03-12
MORE Talk THAN EVIDENCE
Arguments Between Lawyers Occupies Al
Day in ThaW Trial.
JEROME STRIKES A SOLID WALL
Not Allowed TO Attack Mra. Thaw
and All Attempts 20 Discredit
Her story Are Excluded
by the Court.
ERONE sTRIKEs A sOup Van

NEW YORK, March lion the first day
of the states case in rebuttal at the Thaw
trial District Attorney Jerome today came
70 a temporary standstill against the prac-
tically solid wall the rules Of evidence have
built around the story OF Evelyn Nesbit
Thaw. Mr.. Jerome began to attack the
story as soon as court opened this morn
ing. There ensued well nigh ceaseless'
battle between the prosecutor and Dolphin
M. Delmas. leading counsel for the defense,
at the end OF which Justice Fitzgerald up
held 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 unbalancing 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. Il Is said the district
attorney may attempt in the same way to
prove an alibi for Stanford White on the
night he is alleged to have maltreated Miss
Nesbit
Day Spent In Argument.
Nine-tenths OF todays session was spent
in argument, and in nearly every instance
Mr.. Delmas won his point as to the law,
while Mr.. Jerome in the very argument
itself had got before the jury a perfect
knowledge as to what his witnesses would
have testified to had they been permitted.
The district attorney called ten witnesses
during the day, but aside from drawing
from the states eye witnesses to the
tragedy the opinion that Thaw seemed ra-
tional the night he shot and killed Stan
ford White. little real headway was made.
Lining up all his forces in rebuttal, Mr.
Jerome decided to open his fight by at
tacking Evelyn Thaw's story He called
Frederick w. Longfellow, formerly an at
| torney for Thaw. and asked him first con-
cerning the case that Ethel Thomas is all
| legged to have sued Thaw for damages be-
cause Of cruel treatment. Mr.. Delnas OBJ
iected, but before Justice Fitzgerald sus-
tained the objection and ruled out the ev-
idence, Mr.. Jerome declared: The story
OF the girl tied to the bedpost and whipped
| by Thaw is the story of Ethel Thomas.
This poor girl is now dead" Here Mr.. Del
mas objected to the district attorneys re-
marks and the latter began an attack along
different line. He showed Mr.. Longfel-
1
Evelyn Nesbit is said to have signed In the
ONCE Of Abraham Hummei, alleging that
Thaw treated her cruelty while abroad in
1903, because she would not tell lies
against stanford White"
Afr. Jerome followed this lnp by asking the
witness II Mrs, Thaw had not turned over
/ TO him certain papers to which she had
subscribed Mr. Longfeliow said she had.
There was a long argument between Mr..
Jerome and Bfr. Deluaas, at the conclusion
OF which Mr.. Longfeilow turned his entire
examination to naught by declaring that
Mrs. Thaw had never shown him paper
similar to the Hummel afidavit in any
way. He thereupon was excused without
cross-examination.
Police Omcers Testify.
Police officers who saw Thaw the night
| of the tragedy declared he acted ration
ally. Captain Hodgins Of the Tenderloin
precinct, however, qualified his answer to
the question by saying once that 'for a
man who had just committed murder, Thaw
acted nationally" This was stricken out
and he said: well. his eyes had a stare
and a gaze such as they show as I now
| look at them" This answer also was
stricken out and finally the captain de-
clared;
''Wen, he seemed more rational than ir-
rational-and that's the best answer can
give"
Many. Of the witnesses called by the state
during the presentation OF the case In chief
were recalled today. All declared Thaw
seemed rational.
Mr. Jerome called Dr. Rudolph Witthaus.
a chemist and expert in poisons. The dis
trict attorney framed hypothetical ques-
ton covering Evelyn Nesbit Thaw's de-
scription OF her night with Stanford White
in the Twenty-fourth street studio house
and asked If there was any known poison
which would cause insenEbility In two
minutes and permit Of the quick recovery
testified to by Thaw's wife.
Around this vital point, opening up as
II did a path through which. the prosecutor
could march his forces in attack upon the
truth or falsity Of Mrs. Thaw's story the
storm of argument ragged for an hour or
more. Mr.. Jerome pleaded with Justice
Fitzgerald at great length. Mr.. Delmas in
reply cited Mr.. Jerome's own words at the
beginning Of the trial At that time the
district attorney had the court instruct the
jury that young Mrs Thaw's testimony was
permissible only as tending TO show what
effect its relation to Thaw may have had
in unseating his mind The prosecutor said
/ llAl uuQef tAe TuieS OF evidence ne would
not be permitted to attack the truth of
the story.
Now" said Mr. Delmas in conclusion,
'he Is attempting 70 do that very thing"
Attempt 20 Discredit Mrs. Thav.
Mr.. Jerome said he was not attacking the
truth OF the story He was calling for an
expert opinion to the effect that no known
drug would produce the effect testified 10
by Mrs. Thaw
MY question indicates the answer I ex-
pect 10 get to this question" said Mr.. Je-
rome, land II / can show there Is no such
poison IN the world, IL can show in short
that there was no such occurrences In the
Twenty-fourth street house as testified 70,
then IL is for the jury to infer whether or
not Evelyn Nesblt told her story to Thaw
in Paris In 1905"
Justice Fitzgerald sustained Mr. Delnla,y
objection.
When late in the afternoon Mr. Jerome
called James Clinch Smith. brother-in-law
OF stanford White to the stand another
long argument ensued. Mr. Smith was on
Madison Square roof garden the night OF
the tragedy. He knew ThaW and smoked
with him that evening. He said Thaw stood
IN the aisle for a moment after reaching
his seat, looking over the audience intently
Mr.. DelmAs objected and this was stricken
out Of the record The attorney for the A.