The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-03-21


| free OF charge. Address DR.. r. V. Pierce,
| tnvalldS' il&lel aRd Surgical Institute,
| BGffalo
question and my witnesses testified only
as TO the Hypothetical question, There
is heredity In this man which he can
not avoid"
Mr. Delmas again inquired il COM
mission In lunacy had been applied for.
i so understand IT. said Justice Fitz-
gerald, ''if the. court shall so decide.
We are prepared to combat that ap-
plication,' said Mr.. Delmas.
81 have made no formal application" 4"
said Mr Jerome. II submit TO your hon
or the fact that as he sits there the
defendant is incapable of directing his
defense. | leave the matter entirely to
the court
Mr.. Delmas declared Mr Jerome's
charges We're entirely unsupported
THE District Attorneys remarks were
made under his oath Of office said Jus
tice F!zgerald with some display OF feel
ing. He has appealed to my conscience
and now demand the production OF all
the advice which any counsel may pos
sess.''
Mr.. Delmas said he understood Mr..
Jerome to imply unprofessional conduct
upon the part Of the defense In suppress
Ing the testimony
There was an implication of miscon-
duct" said Justice Fitzgerald
II hear OF II today for the first time, "
said Mr. Denias
Mr. Gleason here asked to be heard in
behalf OF the defense.
II desire to say" said Mr.. Gleason.
'that when this case began I attempted
to Introduce evidence upon the very
point which the District Attorney now
demands, but 1t was ruled out on his own
objection
II remember" said Justice Fitzgerald.
. ruling out such testimony upon the
ground that II was in relation TO col
lateral lines
I'VE have made perfect defense
here" continued Mr. Gleason, and It
Is the duty of The court to submit that
defense to the jury"
Sharp Rebuke for Attorney.
The court does not need any instruc-
lions as to It's duty" interrupted JUS
tice Fitzgerald That is matter the
court can attend TO for itself All / want
is all Of the information can get on this
subject, The court wants this informa-
tion, but II II cannot get IT, will have
TO act as it sees fit,"
For moment all the lawyers were
talking excitedly at once. and Justice
Fitzgerald was forced TO rap sharply with
his gavel Finally Mr. Jerome made him
self heard.
1 have In my possession and will WILL
ingIy furnish them. ] will give them in
the form Of an affidavit. I Will also
furnish the affidavit OF Drs. Mabon and
lege is waived l will have an affidavit
from DR.. Hamilton.
The learned District Attorney has Just
said that this defendant is at this mo-
ment so insane as not to be able to in
slruct his counsel" broke in Mr.. Del
mas in an angry tone. and now he asks
that this man whom he has dubbed In
sane waive privilege
His attorneys can waive II for him."
said Mr.. Jerome
i'The District Attorney knows that that
cannot be done" was the reply.
we will get the other affidavtts first.
said Justice Fitzgerald. and then We
will discuss that matter"
At this point Mr. Gleason again
"I wish. before this court adjourns. to
ask one question Of DR.. Hamilton he
Gleason continued; mo man can come
into this court and accuse me OF unpro-
fessional conduct. / have practiced In
this country for twenty eight years and
made against me-.
''Go ahead" said Justice Fitzgerald
Ask him all the questions yon want to-"
your opinion. IS this defendant incapable
OF advising counsel2"
Not Able to Advise Counsel.
II think he is replied the slienist. ~
don't think he is capable OF instructIng
his counsel because Of his mental condi-
ton.
did you not tell me recently that he
was capable OF doing so?' asked Mr..
Gleason.
Then another argument followed. all the
attorneys gathering In an excited group
in front Of the Judges bench AT the end
OF the argument Mr.. Jerome said to the
court that when he had stated that there
was a part Of the case he would call to
the attention OF the appellate division
OF the Supreme court he did not mean, to
charge any OF the attorneys OF the de-
fense with unprofesslonal conduct,
"I want to state here to the court I"
broke In Mr Gleason, that believe this
defendant is perfectly capable OF IN
structing his attorneys. and I know that
all Of his counsel think the same thing" ."
II Will be glad TO have any affdavits
along those lines which you care to pre-
pare said Justice Fitzgerald.
be able TO have his afiidavits ready by
| tomorrow afternoon and asked the court
! TO adjourn the hearing until that time.
All of the attorneys for the defense
| agreed. The jury, which had been sent
out when the discussion Of commission
| began, was called back and excused until
| Friday morning
.'If should decide 10 appoint com
! mission or take any other step in the
matter on Friday" announced Justice
! lists who have not been In the case before.
therefore ask both the District Attorney
! and tho counsel for the defense 10 fur
nish me by Friday lists of names of all
the experts who have been in any way
connected with the case"
This the attorneys agreed TO and Mr.
jerome asked that the hearing go over
until o'clock tomorrow afternoon. Jus
4 tice Fitzgerald was willing. but insisted on
! having the consent of each one of the
! defendants counsel
81 don't want to take such an adjourn
ment and then find that did not have the
consent OF the right man" he said All
! agreed and the court finally adjourned