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Show fl A POINT White's Brothcr-in-Law, Smith, Permitted Per-mitted to Testify flfer Jerome and Delmas Have Dispute, but Questioning of Dr. f lint Is Prohibited by Court. I ' . : 'Another wordy clash featured this morning's session of the Thaw murder trial this morning. The dispute was between District Attorney Jerome, on one side, and Attorney Attor-ney Delmas and Hartridge, on the other. The contention was as to the admission of evidence from Stanford White's brother-in-law, Smith. Jerome finally gained his point iLater the defense scored a victory. This was in the refusal of the court to permit Dr. Flint to. testify. Flint is the physician to whose office Evelyn Nesbit is reported to have gone with Jack Barrymore. ; In order , to consider with the associate, counsel and the time was granted, a rm cess being ordered. I NEW YORK, MARCH 12. WITH THE RESUMPTION OF THE THAW TBIAL THIS MORNING DELMAS, LEADING COUNSEL FOB THE DEFENSE, DE-FENSE, CONTINUED HIS ARGUMENT ARGU-MENT OF YESTERDAY AS TO THE ADMISSIBILITY OF THE TESTIMONY TESTI-MONY OF JAMES CLINCH SMITH, A BROTHER-IN-LAW OF STANFORD WHITE, WHO WAS ABSENT FBOM THE COUNTRY WHEN THE PROSECUTION PROSE-CUTION PUT IN ITS CASE IN CHIEF AGAINST HARRY K. THAW, AND, WHO WAS INTRODUCED AS A WITNESS YESTERDAY AFTERNOON AFTER-NOON 'BY DISTRICT ATTORNEY JEROME TO TELL OF CERTAIN CONVERSATIONS HE . HAD WITH THAW UPON THE .. MADISON SQUARE ROOF GARDEN THE NIGHT WHITE WAS SHOT AND KILLED.' v V DELMAS CONTENDED THAT SMITH SHOULD HAVE BEEN EXAMINED EX-AMINED AT THE BEGINNING OF THE TRIAL, AND COULD NOT TESTIFY TES-TIFY AT THIS TIME IN REBUT-TAK REBUT-TAK JEROME ASKED THAT THE COURT EXERCISE ITS DISCRETION IN GIVING THE JURY THE BENEFIT BENE-FIT OF TESTIMONY OF A WITNESS WHO WAS NOT AVAILABLE AT THE TIME THE CASE WAS SET FOR TRIAL. SMITH FORMALLY WAS RECALLED TO THE STAND WHEN THE ARGUMENT BEGAN THIS MORNING. Delmas said that the matter was one of the greatest Importance to the defendant defend-ant land he thought the defense was entitled en-titled to a fuller explanation of Jerome's grounds for his application. Jerome said he was willing to go Into the whole story and! tell all the facts. "Mr. Hartridge and I have talked the matter over and I think we are in entire accord as to the main facts," he said. When this matter is discussed in court,'; broke in Delmas, "it will be discussed with me." 'I don't know whether it will or not," replied Jerome. "Mr. Hartridge is the attorney of record." After a little sparring Delmas resumed his seat and Jerome began to detail all the: facts regarding the delay In bringing Thaw to trial 'and the steps taken by both sides to secure an immediate trial and to obtain certain testimony by commission, com-mission, Hartridge occasionally interrupting interrupt-ing to correct the District Attorney In details of the story. Hartridge Makes Charges. Once Hartridge made an extensive argument, ar-gument, Jerome protesting the while that the attorney allow hlro to proceed. Hartridge claimed that the JDistrict Attorney's At-torney's office had changed the case one afternoon from the Court of General Sessions Ses-sions to the Supreme court without any notice whatever to the defense. '(The witness. Smith, left the city almost al-most immediately after the tragedy," Hartridge said hotly, "and came back. Surely 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 liwt Christmas when it was known this case was coming upi" Here Jerome was allowed to proceed. After completing the narrative of what had- happened between the time of the homicide and the trial, Jerome said: f'l will now present to your Honor the legal basis for my request." Dispute Ends in Laugh. ' do not understand what the learned District Attorney means by' legal basis," said Delmas. "His languages 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." said Jerome., "By legal basis, I mean the statutes and the law in the case." "Mv undertsanding of the term Is not the same," said Delmas, "and I see no reason for the District Attorney's petty sarcasm and loss of temper." i"I spoke more in sorrow than in anger," replied Jerome, and the argument argu-ment ended in a general laugh. I Delmas. however, precipitated further conflict with the District' Attorney by calling attention to the fact that Jerome had not definitely fixed the dates of Smith's departure for Europe. I "I want to caution the District Attor-nev," Attor-nev," 'Continued Delmas.' "I need no caution, no information from the counsel," rejoined Jerome. "No," said Delmas, "and I am not willing to undertake the arduous task of imparting any Information to the learned District Attorney." I Justice Fitzgerald here Interrupted to say he was ready to rule on the point at issue, Delmas requested fifteen minutes - s |