Jasper County Democrat, Volume 9, Number 50, Rensselaer, Jasper County, 16 March 1907 — JUST ONE WEEK MORE [ARTICLE]

JUST ONE WEEK MORE

Then the Fate of Harry Thaw Will Be in the Hands of the Jury. JEROME’S WITNESS IS HEARD Goins a Point by Getting in What Smith Conld TelL Abandons for Good the Lunacy Commission Idea and Will Demand the Electric Chair for the Defendant. New York, March 13. —The end of the Thaw trial at last seems to be In sight, and the twelve men who have been In the Jury box for nearly eight weeks are to be Harry Thaw’s judges, Tentative plans for the final stages of the trial were agreed upon by opposing counsel, even to the detail of allotting the time for the summing up. District Attorney Jerome has at last burned behind him all bridges leading to a lunacy commission, and has Irrevocably pointed his course to proving that Thaw was sane when he shot Stanford White, and that being sane his crime constituted murder In the first degree. Plays His Strongest Card. Jerome played probably the strongest card he holds evidence which came to his knowledge but a few days ago and which undoubtedly caused him to abandon the Idea of trying to send White’s slayer to a mad house and to try for a straight-out conviction under the criminal statutes. The evidence came from Mrs. Stanford’s brother, Janies Clinch Smith, who told a remarkably clear, succinct story of the events in Madison Square garden the night‘White was killed, and of a long conversation he had with Thaw just prior to the shooting. Declares Thaw's Talk Was Sane. . It seems that Thaw sat for some time with Smith during the fateful first performance of ’’Mam’selle Champagne,” and discussed with him a variety of topics in a manner, Smith declared, such ns any sane man would talk. Smith gave the conversation in detail, omitting nothing, he asserted. With the brother-in-law of the man who was so soon to be a victim of his pistol Thaw discussed the play, Wall street, common acquaintances, plans for tlie summer and many other tilings, including a “buxom brunette” whom Thaw declared lie was anxious to have Smith meet.

DELMAS CAN’T KKEP IT OUT Ju(lk<' Rules Against Him in an Important Matter. Smith said, however, Hint Thaw, not having a reserved seat, roamed about the garden aud continually looked In the direction of the spot where he subsequently killed Stanford White. He also said that Thaw’s questions seemed to him peeuliarand caused him to ask Thaw what he meant more than onee. Attorney Delmas, for the defense, bitterly fought the introduction of this testimony for nearly two hours. He declared that Smith was properly a witness-in-chief, and should not he allowed to testify in rebuttal. Jerome replied that he had known only for a few days the real value of Smith's testimony—the conversations with Thaw—and lie uppealed to tho discretion of the court to allow the testimony to go in. Justice Fitzgerald held that in the Interest of Justice the Jury was entitled to all the facts. It was one of the most serious blows the judge lias dealt the defense since the trial began. Jerome also summoned to the stand I)r. Carlton Flint, the physician to whom Evelyn Nesbit Is said to have gone with “Jack” Barrymore, the actor. Delmas objected and Dr. Flint was not allowed to testify. As the last witness of the day the district attorney called Rudolph Eckmyer, the photographer who took the pictures of Evelyn Nesbit which have been introduced in evidence. The photographer was employed by Stanford White. He had no sooner been Bworn than It developed that Eckmyer had ulso been employed by White to make the photographic copy of the affidavit Evelyn Nesbit is said to have made in Abralmm Hummel’s office. Eckmyer identified the negatives made from the affidavits, but they were not offered in evidence. Jerome next tried to get the photographer to tlx the dutes of certain pictures for which Evelyn Nesbit posed, hoping thus to establish the day the Nesbit gift says she had the experience with Stanford White in the Twentyfourth street house, iielmas objected on the ground that the evidence tended to contradict Mrs. Thaw’s story, and was not permissible. Jerome said he desired to take advantage of the waiver Delmas had made at the beginning of the trial in regard to rebutting Mrs. Thaw's story. “If you will let me fix the date of these pictures,” he said heatedly, “I will show that on the night following the day they were taken, when Mrs. Tliav says she was ruined, Stanford \VJilte was not in the Twentyfourth street house at all." Jerome fairly shouted the last words, and pounded the table before him. Delmas said he must stand upon his objection end It was sustained. Before adjournment Jerome said h« had only flvo more witnesses to pro-

duce. It looks at if tlie Jury would get the case a week from today. Short Session of Thaw Trial. New York, March 14.—There waa but a abort session of the court trying Harry K. Thaw for the murder of Stanford White, adjournment for the day being taken shortly after noon. This action was taken partly to give Mr. Delmas an opportunity to consult the authorities and prepare an argument In reply to an impassioned. ap • peal by District Attorney Jerome for the admission of testimony by Abraham Hummel In contradiction of Evelyn Nesblt Thaw’s evidence characterized by Mr. Jerome aa the central support of the defense and partly on the statement of Mr. Jerome that if he were allowed the afternoon In which to complete the hypothetical question to be put to his experts he thought the state could close its case In rebuttal Thursday night. Delmas Lets Answer Stand. New York, March 14.—Abraham Hummel, on the witness stand at the trial of Harry K. Thaw declared that Evelyn Nesblt told him In 1903 that she had told Thaw in Paris that it was not true Stanford White had drugged and betrayed her. The answer to a question by District Attorney Jerome was made so quickly that the counsel for the defense, had not time to interpose an objection, but Mr. Delmas let the answer stand, saying there was no occasion to strike it out after it had once been given to the jury, adding significantly that he preferred it should remain a part of the record.