Show JEROME STRIKES VII VITAL AL BLOVAT BLOW AT AI DEFENSE BUILT BY DELMAS Jerome Wins Signal ignal Victory in Getting Testimony of James James' I Clinch Smith Before Jury In Its I Entirety 1 I THAW TALKED TAKED T AND ACTED LIKE UKE LU E SANE Spectators Startled When Counsel for foi Defense Permits Witness Wit ness to Leave Stand Without Severe Examination Cross I i thy I III II William huNter New ew York York Mardi March 12 Jerome lZ-Jerome Jerome hind hall his strongest Ila day toda today He Be got In the testimony of James Clinch Smith at atthe atthe the time Thaw trial trial Smith Smith being heln a brother brother- In late of oC the tho late Stanford White who had a a. Ion long conversation con with Thaw on onI I the time roof roM the hue night that White hile I I was lei killed lied It was WM undeniably a notable notable nota- nota ble lc victory Ictor for COI the prosecutor It came at it a time lime w en his sagging case caRe was WilS hadl adly In tn n need d of oC prop and the lie calm Mr Smith of Newport and the time NOO OO admirably hh I filled that position Mr Cr Smith related In detail the talk lalk hue he ic hind hall with Thaw haw throwing Into strong strong- relief time the continuity of oC thou thought ht rationality ration ration- alit aUt of oC manner general calm cairn de- de e- e neanor nt of It the defendant dc up tip to five minutes before the time three shots were n fired They tallied talked stocks tocks the tho pla play ocean voyages time the respective merits of oC transcontinental trans traits- continental greyhounds women women Thaw Thaw It seems even olT offering to Introduce to tomis his mis friend Smith a 11 buxom brunette acquaintance Mr lr Smith scorned d They smoked together Thaw incidentally I II tally t pointed out his hla friend Truxton I nil Beak which brought bro to his mind the I I Incident nt by which Mr 11 Beale Bemmie Is no to 0 well wel I I known In the thu Enst East tn an affair In San Sun Francisco which Involved In tho the honor o oa of ofa a n lady lady timey they were quite quill chummy In Innet fact net act for Cor or huH half huHn An n hour Urh-r. Urh Hour lI n ru r m v I thu thai L hUU lef on on witness stun b cnn nm J mum n i epoch lit n tin tho trial J 11 He lie told how V around never r stopping long In Jn or oral ono place how hot he ime i gazed Intently at nt tIme the audience looked at nt the time spectators from from 1 every p point of or vantage antage even going going- into the time gallery smiling smiling- th tIme the while like Jlko nn- nn one else Ise present It new nOw stun n ii n feature of oC the case that had mad never b been en told before nm and tho time spectator In tho time trial chamber gave save the absorbed attention not missing missing- a word When hen It If all 11 Delmas was D over o cross- cross examined Mr Ir Smith briefly and perm permitted per per- m him hini to go Everyone was sur stir No o more nuoro effort than that to break down tho ho stor story of or so Important a witness It Il looked like a mistake nut hut D Dolphin Michael Delma Dehma Is counsel coun coun- much sel H I for Thaw and ma moos may therefore he be pr presumed ume to be the best judge of what is good for his client And AntI Delmas laughed when hn It was suggested RUg sug to him that ho lie had made a mistake mistake mis mis- take In iii letting Mr Mm Smith oft off so easily aslI and actually intimated that Smith lund had been a n good witness for Cor the defense e eSmith Smith was only p permitted to testify I after the bitterest fi tight that Delmas Delma has put up lIl since the time trial started The rime fi fight ht began Monday fonday afternoon and It was WON not until noon today that the de decision IC- IC of Justice Fitzgerald was tas rendered rendered ren ren- dered against the hue defense Why Wimy did make such a n fight against tho ho admission of oC Smiths Smith's testimony us i Bud hind I The principle of oC the time thing is IR this said one of the counsel for COr the lie defense after adjournment tonight It Is bad practice to admit direct after artel aftertime th time the states state's case has Imas been closed practically rae permitting the district attorney to reopen rc his case after the hue defense has alno nillo closed an and Intro Introduce uc absolute n new w testimony which time HIP pros prosecutor announces in ill advance Is of the time utmost Importance in a case where a n verdict for or first degree de dc- greo gree murder Is contended for 11 Delmas Delmas Delmas Del Del- mas fought rought it on oa that ci He lie knew till nil the time what Smiths Smith's testimony was to be bo and he hall had a note hum from torn Harr Harry Thaw I In iru his pocket requesting not to 1 long Ions the trial by fighting fighting- over the point hut but to permit Smith to go o ahead and amud i tell everything e I Thus the time defense re nC explained In part I their position On the tho side of oC the state Jerome was eager to nave the tho Smith testimony tes ts I In loc because he designed It to prove pro that Harry Thaw was vai rational on the night of or the shooting nn and If IC the methods methods meth mth adopted toda today In Indicate anything it Il was as also plain to Intimate to the jury jur that Thaw went for the tho purpose o or of killing White If IC that thal wasn't time tho plan why did Smith toil tell with n r rent rat at how bout Thaw gazed intently over the hea heads of or the the- audience nce an and how bin hla hrad ll Va wat constantly turned to the spOt where later laler he shot White rhUe down Did DIll Smith his Impressive sl o manner el his convincing cn attitudes altitudes his tense aside ashlE tb do llo what Jerome wanted him to do Jerome Jerome Jeromo la is satisfied with the r result He lie when Delmas dismissed l tho ho witness wit wit- ness and amid gleefully rubbed his huls hands to together to- to gether But so o did the other Awl And Mr r. Smith was time the star prop of the pro prosecutor ecu tor or toda today It Is h sting Interesting to compare the time states state's x view of oC his testimony with the view of the defense Here Is what whal the time defense think about It It Il Is not contended that Thaw was wa In In- Banu upon e cT every topic topic topic-ime ho was Insane insano upon these thc things which touched upon tho time conduct of or Stanford While which hUlk hulked ll back to time the drugging of ot Evelyn goIn Eve g lyn In Z Moreover me tee experts for tho thue defense Iw have testified 11 that thuat Thaw had hall rational ra rut- lIonal moments and th hunt ho lie had hall periods that were not altogether rational but during which It Il woula bo he for Cor him hium to 10 discuss matters with friends In iii Inn Inn n a perfectly rational manner It Is urged tl h by the time defense It I I z zis I I is perfectly possible ThRU Thaw talked In an nn apparently rational manner mannel with Smith hut but at the sight of Stanford White he hue suffered the brain storm th time the In Insane ant force Corco of which he fired firc tho thu shots That h he ime was waR nut flu altogether r normal normal nor nor- mal noah that night Is lJ by the fact act that he he- moved d about In a res manner not long In one ont place That Thal Mr lr Smith ob observed something In lit his imis manner man man- ner lIel was unusual Is Instanced b by the fact that he lie t him closel closely throughout the time c evening am and was therefore able I to detail de dc- tail BO 90 accurately uCC every Q movement made mado b by the deC defendant II 1 Not Ol I White Was Vas m There I There Is 19 nothing In time the e evidence nf Df- Df mas will urge In his huts summing up to In- In that Thaw knew White was I I. I 11 attend time the performance that night On the tho 10 other hand If Ie he knew ned and went t there here er for Cor the purpose of killing his hiI conversation con- con v was al altogether at variance wilt that which ma may be 00 presumed presume In a a- r man who Is lt bent upon manner As to hue HIP ret ret- e. e lence nce to Trux Truxton ton and anti the shoot In Ing ng affair In which he was waR Involved Involve that hat la Is lh the chief Incident 1 nt In the life or nt so far tar a at as we In the East are concerned rOll eon c and Is ts a thing that any an n mi would be apt to sl speak seak eak tb mt In out Mr 11 Beale to tn n a m l II I I I So that It will be bp said therefore that Mr Smith has provided pro the time defense defence ot with as much material Argument to lo the time Jur Jury a aa as he h hh d to th the CU- CU I liOn tion Unquestionably it was a n fine da day for forthe s I the tIme state this state thin Calling of oC Mr Smith I but hut alter hi his hi testimony has boen 11 1 mi It Ls Lq More More- loer cor r i r tt it th 0 A. tl r t ro- ro open th their h case cus' nd call witnesses to r contradict t Mr Smith which a further prolonging prolonging- o of th the trial l. WUN us the only consolation that Jerome cot got out oitt of or the bc pro proceedings tod to- to o d dna 3 lie Jfe Hert rt was otherwise c routed d b by Dellna Del DoJ- it lna maa malj upon practically ever cr uther timer l made and In the lie midst It of or time the ho lie called down dO upon his shoulders a n i rebuke from the court 0 for methods called in question h by Delmas JUStiN Justice pointedly th the JUI Jury i that hat they must t regard z nothing in III their situ save what hat Is n on rt th he time record Het rth Severe ere Ut This Timis rebuff in iii came cume connection with with-i Jerome's attempt to prove an arm alibi for tor or Stanford White on the time night h he lie I J Is charged with having drugged elu E Nesbit e With perhaps no l Idea ea that lint such uch evidence e would be he admitted the time dl distrIct attorney sprung sprung- the time alibi when Adolph t J Whites White's staff pho- pho was w put omm the hue stand lie JIt fir first t had the thc photographer Identify time the broken negative tho of the time Hummel a af- af C davit photograph Then Timen lm he tried tin to to have e ave tr give he the date on em which ho time photograph of oC Miss MIsa l- l Evelyn alleg al- al leg eged d to ho have 0 been taken before sho simo was vas drugged w ire re posed Delmas Dehmas scented the thc object ct of oC the till JHO and alm aimed d an aim objection at him Jerome Jeromo cromo quoted front from the time records n a rclark rc- rc mark lark made b by Delmas s early carh- In him the case that hat the time defense would bo be glad to have hll haven an n attempt made to contradict th the story tory told by Mrs Irs Thaw In tho time stand hut htmL Delmas refused to hit bit bite hereupon Jerome before he me could be he topped stopped declared thumping the table with his list fist that he ime would prove pro that on oil n the night ht of time the allowed Ili drugging ru Stanford White was wa l In another place Delmas Dc objected to what h he hue termed an on attempt to get evidence not muot on record record rec rec- ord before the lie jur jury and Justice Fitzgerald Pita Fitz gerald rebuking the district attorney warned 1 the Jurors ors to pay no attention to matters mallers n not t regularly admitted lit In litel l e evidence Defense Crabbed Dr 1 Flint Jorome sustained one more mono rebuff during the time day ay He lie called Dr Di Flint and amid started to question 11 him about th tho lit all alleged d visit of Evelyn and Jack Jacic to his office The court ruled th evidence out an and amid 1 Dr Flint wa was promptly subpoenaed b by tho time def defense de do- f tense nse Dr Flint had imad declared the tho day daylie he lie as confronted with Mrs Irl Thaw on all the time Miami that lint she wa was not the woman woman wo wo- man who accompanied Jack to his office It IH h. un understood that the defense will now expose tho the trick of oC the tIme prosecution prosecution tion by calling Dr Flint to stand as own witness to den deny that Mrs as a's Thaw was the girl The fhe rebuff on all the alibi plan came canue at half rast three tills afternoon and It jt so disheartened tho time prosecutor that ho hmo confessed to the time court that he Ime did not know where he ht was wa at and amud on tho round ground that ho wished to consult with Frank his o assistant who Is s sIll sill Ill he an arm adjournment ln ha having no objection time the court acceded to Jerome's Jeromos request Before this Jerome made announcement announce announce- merit ment that presages time the enl end of or th the tho Cl case caa fl He lie sal said that as near as he could speak without consultation with his assistant he lit w would uhl have Ve but two moie witnessed to offer J i Hummel and the little hW lawyers lawyer's tM stenographer Delmas ut I at nt Hummel These two will be he called in an nn effort to wind u up UI the case caH in In a blase of oC glory Klor b by getting the tho Hummel lt before beCore beforetIme j the tIme jury JY The They will be tie called tomorrow A tight light will result sult Delmas I Is confident i that he can cnn keep th the hue affidavit out But j Continued on Pago Page Two JEROME STRIKES FATAL BLOW N AT 0 DEFENSE Continued from Crom Pa Page Olt One I K il it ii i i is admitted tin tin- th Ii fur fl will vill wi ily t win iz u Hummel is taken en o over or r for o eross ami- ami nation naton After this fight has been ben disposed of of ot nothing will wi remain of oC Jerome's case raso but Lut th the calling of or h hs s experts exert to whom ho h announced tola today h he lie will vilh wi put a a voluminous olum non nOIS hypothetical question Juon of them heat are al' al to be hl called It H ivill wil ink bike a a day t I to examine the three and probably one ane day da- datch each for their cro cross croas S-C S The he close of of ar the week therefore should witness s the end enl of the stats statis s ca case As was Wa expected Howard NI Li will wi not nOI be he called caled and noli neither her will wi Mazie MJ- MJ 1 alo zie Iu Follette and lu lie other oilier former frt of or Miss 1 s Nesbit who have hav been II so a assiduously asahi assid supplying Information in tonna i Ion about abol t t the th he young oun woman waman to the prosecuting aHOI nf ney Neither will wi Mrs 18 Halman mother of Miss Nesbit be called Site Sho Iss le made mall a jn an extraordinary In lii to too to- I j i I da day In iii which all ul th the damage being dom dom- j she he declaims ile-clares she still sll loves laves lo her dau daughter lt tr and offers her lien a a home with wih the tho old ohl folks r Prepare for foi Lp Up Whether the defense defence will wi consume consume mU much h time with rebuttal wih Delmas saul said today he lie haul had not decided tela yet t A caler enc cacti of counsel will bo 1 held later hater counse wi l to do- do clue the lie question t.- t. But ut that the end enl i is approaching is In In- In I h by the lie love hove feast Delmas ann and Jerome had today over the thc matter maUN or of summing up lp Each Bach sIti side is to be permit permit- d i-d a tiny day or 01 so much mh h of oC m a day a a ns as ma may be le required Jerome saul said lie he would take about abou four our hours Delmas made no re mak marks on the Jen tn of oC tinie he will rt- rt ni i quire to lo lint tun his argument wi before the tho tho tt twelve welve lve men It W was vas learned lc R at I Jerome's office thU evenIng c that Fi-ank Fi Garvan Gar the assist assist- ant nt district attorney is not bushy sd-bushy ill iii Jerome con confessed his embarrassment 1 Garvan without knows the assistance of Garv Garvan Garvin U. U Mr the case better bUer than tItan hi hl his chief Upon his shoulders shoulder fell th th- weighty eighty task o of preparing It for Cor trial I He Be le has the lit trial the witnesses arn arranged ar- ar rn ranged ed the facts and the logical order cr cf r their presentation and while Garvan could go ahead ati and ond Gar an finish h the case casp alone eve on e ven at this his stage it i would be casp difficult for Cor or |