The Cairo bulletin., 1907-03-06
OEF|ES JUSTICE;
SAYS THAW IS
PROVEN INSANE
JEROME CREATES SCENE BY RE.
FUSlNG TO CITE AUTHORI-
TIES TO FITZGERALD.
DECISION FOR DFENSEE
Results From His Slap at Judge
Prosecutor Declares Evidence Has
Not Shown That ThaW is
Sarc Now.

New York March 5.--lntere whic
was arous d in today's ses ion of tn
Thcw trial by the announcement tha
Mrs. William Thaw, mother of the de
fendant. would take the witness stand
was quickly dulled by the continued
cross-eXaminalion OF DR. Wagner. on,
OF the ali nlss y the defense, By
jerome, Wagner was on the stant
the entire day and when adjournmen
until tomorrow was announced the
district attorney seemed 10 have muct
ground yet to GOV with the experc
Mrs. Thaw was present IN the wit
mess room today waiting to be called
but she may not be reached before
late Tomorrow or Thursday
Jerome and Justice Clash
While decidedly dull in the matter
Of testimony elected from the witness
today's session was made notable by
clash between Jerome and Justice
Fitzgerald at the climax of which the
prosecuting officer refus d point
blank to cite to the court, authorities
upon which he was conducting an ar
gument Jerome was requested by
the presiding Judge to submit to him
whatever authoriti he had upon the
subject
u have such high respect for the
courts Of this juli dici ion, retorted
Jo ONE, that will no submit author
tiles on a question of law which is 50
elemental in character and upon
which authorit es arr SO abundant
that ! must presume the learned court
knows of them
With flushed face and q sharp rap
of his gaye, Fitzgerald said If the dis
trict attorney did not submit his au-
thorities the court would assume he
did not know of any. Jerome did not
submit the Authorities and Fitzgerald
ruled in favor Of he defense on the
point al issue, which. t.iefy stated,
was question as 70 whether the state
ON cross xamnaton should be al
lowed t9 go further with the expert
witness than the counsel for the de-
Tense was allowed TO go upon direct
examination.
Both Show Their Anger.
JerOm wa as defiant in his tone
IS he was in the words he uttered. |
raped several times with !
his gavel tw sted about i'm uently |
in his chair and it was plainly with |
much effort that he retained his judi |
cia composur The ste m broke in |
the midst of an extremely dull morn |
ing session, which some of the specta-
tors 10 the court room actually were |
nOdding in their chairg During the !
unusual scene between the Judge and |
ierOme however, there was hush in
he room which gave emphasis to
'ach word uttered, either from the
bench or by the prosecuting attorney.
The incident began with an object
n interpOscl by Delmas TO a ques-
ion asked Wagner 10y J rome The
district attorney wanted the witness
% repeat certain conversations he
lad had with Thaw in the Tombs. Del
mas protested hat he had not been al.
DW d to 90 into these conversations
N direct examination. He was pro
position of the defense when jerome
Interrupted with a remark that the ar
.umcnt did not call for stump
pc ch. D"
Dclmas protested against this "of-
ensive language" by the district at.
orncy. justice Fitzgerald interposei
n the discussion and Delmas was
oon lost TO view because of tha turn
fairs took.
Judge Rules For Defense.
During the course of his argument
lc district attorney placed himself on
ecord by saying that the legal as
lmption b fore the court today is
hat Harry X Tbaw is insane He de
Jared the alienists for the defense
hown Thaw to have been insane as
tie as September 90, last. and in alb
nee of proof TO the contrary. the as
lmption is hat he remains insane.
Fitzgerald declared the present jury
My has To do with the question Of =
haw's sanity or insanity ON the night
e shot and killed White.
Wagner was allowed 10 give his con
rsations with Thaw during The pc
j he believed the defendant 10 be Of
1sound mind. He said Thaw remem- J.
cred having approached and having =
rot White He protested how yer :,
3 had not intended at any time 10 kill y
e man but wanted TO have him legal !,
punished. ;,
Much Of the day was given over 20 i
clinical questions concerning the !.
entail and physical examinations TO :,
hich Thaw was subjected in the :
Jmb- br Wagner and EYans