The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-03-06
Refuses Point Blank to Submit
Authorities When Told
to Do So.
JUDGE HAS DIFFICULTY
IN KEEPING HIS TEMPER
This Is Only Enlivening Incident
of Dreariest Day in Trial
of ThaW.

NEW YORK, Mar. e.-Interest
aroused IN today's session Of the trial
OF Harry K. Thaw by the annuonce-
ment that Mrs. William Thaw, mother
OF the defendant, would take the wit
ness stand, was quickly dulled by the
continued cross.examinatiou of DR..
Charles C. Wagner, one of the alien
ists for the defense. by District At
torney Jerome. DR.. Wagner was on the
stand all day and when adjournment
was announced the District Attorney
seemed to have much ground vet to
cover with the eSperiement.
Mr. Thaw was present in the witness
room today waiting TO be called, but
she may not be reached before late to.
morrow or Thursday morning,
While decidedly dull the matter of
testimony Of today session was made
notable by clash between District
Mt the climax OF which the prosecuting
attorney refused point blank to cite
TO the court the authorities upon which
he was premeditaing an argument. Mr..
Jemoe was requested by the presiding
Judge to submit to him whatever au-
thoritles he had upon the subject.
Jerome's Sharp Retort.
81 have such high respect for
the Courts of this jurisdiction" re-
torted Mr.. Jerome, "that I will not
submit authorities on a question Of law
which is so elemental in character and
upon which the authorities are so
learned Court knows Of them.'
With a flushed face and with a sharp
rap of his gavel, Justice Fitzgerald
said If the District Attorney did not
submit the authorities the Court would
assume that he did not know Of any.
Mr.. Jerome did not submit the authori~
ties, and Justice Fitzgerald ruled in
favor of the defense on the point at
issue, which was the question as to
whether the State on cross-eXamina-
tion 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 de-
aant in his tone as he was in the words
he uttered. Justice Fitzgerald raped
several times with his gavel, twisted
about impatiently in his chair, and it
was plainly with much effort that he
retained his judicial composure.
How the Clash Began,
The incident began with an objection
interposed by Mr., Delmas to a question
asked DR.. Wagner by Mr. Jerome. The
District Attorney wanted the witness
to repeat certain conversations he had
had with Thaw in the Tombs. Mr., Del
mas protested that he had not been al
lowed to go into these conversations on
direct examination. He was proceeding
at some length to state the position of
the defense, when Mr.. Jerome inter
rupted with the remark that the argu-
ment did not call ''for a stump
speech Mr., Delmas protested against
this ''offensive language by the Dis
trict Attorney. Justice Fitzgerald In
terposed in the discussion and Mr.. Del,
mas was soon lost TO view because OF
the turn affairs took.
During his argument the District At
torney placed himself on record by say
ing that the legal assumption before the
court today is that Harry K, Thaw is in
sane
Justice Fitzgerald declared the pres
eInt Jury only has to do with the ques,
tion of Thaw's sanity or insanity on
the night that he shot and killed Stan
ford White.
Day 6f Technicalities.
Much of the day was given over to
technical questions concerning the men
tai and physical distress Thaw was sub
iectcd IN the Tombs by Drs Wagner and
Evans During some of the long eXpla-
nations offered by the ahenist Mr.. Je-
rome walked the floor freely and once
sat down near the newspapermen and
entered into conversation with them,
In answering some OF the questions
DR.. Wagner said he was compelled to
use long names. eco ahead, said the
prosecutor The expert proceeded: The
official stenographcr squirmed and most
of the Jurors laughed heartily.
81 can I help it, explained DR..
Wagner, as if in apology for the longest
name he uttered % know YOU can t, -
sad Mr., Jerome You 60 right ahead