The Montgomery advertiser., 1907-03-06
JEROME IS
 CALLED DOWN Colloquy With Justice
 Fitzgerald. DRAMATIC SCENE IN COURT Presiding Officer Could Hardly Re tain Judicial Composure. District Attorney Declares that Law Which Was Asked for Was Eie-
 mentsry and Refused to
 Cite Cases.
DRAMATIC SCENE IN COURT

New York, March 5--Interest aroused in today's session of the trial of Harry K Thaw by the announcement that Mrs. William Thaw. mother of the de- fendant, would take the witness stand. was quickly dulled by the continued cross examination of Dr. Charles C. Wagner one of the alienists for the defense, by District Attorney Jerome. pr. Wagner was on the stand the en- tire day. and when adjournment until tomorrow was announced the District Attorney seemed to have much ground yet to cover with the expert
 Mrs. Thaw was present In the wit ness room today waiting to be called. but she may not be reached before late tomorrow or Thursday morning.
 Today's session was made notable by a clash between District Attorney Js- rome and Justice Fitzgerald at the eli max of which the prosecuting officer refused point blank to cite to the court the authorities upon which he was, predicating an argument MT Jerome was requested by the presiding judge to submit to him whatever au- thorities he had upon the subject.
 q have such high respect for the courts of this jurisdiction." retorted Mir. Jerome, that I will not submit author- tiles on a question of law which is so elemental in character and upon which the authorities are so abundant that must presume the learned court knows of them"
 With flushed face and a sharp rap OF his gaveI Justice Fitzgerald said if the District Attorney did not submit the authorities the court would assume that he did not know of any.
 Jerome stsncs Pat.
 Mr. Jerome did not submit the au- thorities and Justice Fitzgerald ruled in F~ rf HafAnaa ina nOfnt issue, which, briefly stated. was the question as to whether the State on eross-examination should be allowed to go further with an expert witness than counsel for the defense was allowed to go upon direct examination.
 District Attorney Jerome was as ae- liant in his tone as he was In the words he uttered. Justice Fitzgerald rapped several times with his gavel. twisted about impatiently In his chair. and tt was plainly with much effort that he retained his judicial composure.
 The storm brok in the midst of an extremely dull morning session when some of the spectators in the court room actually were nodding in their chairs.
 The incident began with an objec- tion by Mir. Delmas to question ask ed Dr. Wagner by MT. Jerome. The district attorney asked the witness to repeat certain conversations he had had with Thaw in the ToTnbs. Mr Delmas protested that he had not been allowed to go into these conversations on direct examination. He waa pro- ceeding at some length to state the po- sition of the defense when Mfr. Je- rome interrupted with the remark that the argument did not call flor a stump speech" Mr. Delmas protested against this offensive language by the district attorney"
 Justice Fitzgerald interposed in the discussion and Mir. Delmas was soon lost to view because of the turn affairH took. During the course of his argu- ment the district attorney placed him self on record by saying that the legal assumption before the court today is Harry K Thaw is insane. He deciar- ed the alienists for the defense have shown Thaw to have been insane as late as September 22. and in the ah~ sence of proof to the contrary. the as- sumption is that he remains insane
 Justice Fitzgerald declared that the present jury only has to do with the question of Thaws sanity or insanity on the night that he shot and killed White.
 Wagner was allowed to give hiscon- yersations with Thaw during the per iod that he believed the defendant to be of unSound mind. lie said IhaW remembered having approached and having shot White. He protested how ever, that he had not intended at any time to kill the man. but wanted to have him legally punished.
 In answering some of the questions propounded by the district attorney Dr wagner said he was compelled to use long names
 Co ahead said Mfr. Jerome.
 If -4 stenographer squlrmed and most of the jurors laughed heartily.
 "I cannot help It. explained DN Wagner as if in apology for the long, est name he uttered.
 T know you can't. you go right ahead whenever you feel like it." said Mir. Jerome.