Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-03-06
Refuses to Submit Authorities
on Point or Law Called for
by Presiding Judge in Trial
Of Harry Thaw,
INSISTS EVIDENCE SHOWS
DEFENDANT INSANE
Court Rules Against ProSecu-
ton at Same Time Admins
tering Singing Rebuke to
Fiery District Attorney.
TBy Morning journal Special Leased Wire. ]

IBy Morning journal Special Leased Wire ]
New York March 5-Interest
aroused in today's session of the trial
of Harry X. Thaw by the announce
ment that Mrs. William Thaw. mother
of the defendant. would take the wit
ness stand, was quickly dulled by the
continued ross-examination of DR..
Charles g, Wagner, one of the alien
lists for the defense by District At
torney jerome. DR.. Wagner was on
the stand all day, and when adjourn
ment was announced the district at
torney 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.
nut she maY not be reached before
late tomorrow or Thursday morning.
While decidedly duh in the matter
or testimony today's session was
made notable by clash between Dis
trict Attorney Jerome and Justice
Fitzgerald, at the climax of which the
prosecuting officer refused point
blank to cite to the court the author
lues uRon which he was predicating
an argument. Mr.. Jerome was re-
quested by the presiding judge to sub
NIT to him whatever authorities he
had upon the subject.
Il have such a high respect for the
courts of this jurisdiction" retorted
Mr.. Jerome, that | will not submit
authorities on question of law
which is so elemental in character and
upon which the authorities are 50
abundant 5hat I must Uresune the
learned court knows of them"
With flushed face and a sharp rap
of his gavel Justice Fitzgerald said
If the district attorney did not sub
init the authorities the court would
assume that he did not know of any.
Mr.. jerome did not submit the au-
thorities. 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-exam
inatiOn, should be allowed to go fur
ther with an expert witness than
counsel for the defense was allowed
to 80 upon direct examination.
District Attorney jerome was as
defiant in his tone as he was in the
words he uttered. Justice Fitzgerald
raped several times with his gavel,
twisted about impatently in his chair,
and 1t was plainly with much effort
that he retained his judicial compos-
ure.. The incident began with an OBJ
lection interposed by Mr. Delmas to
a question asked DR.. Wagner by Mr..
Jerome.
The district attorney wanted the
witness to repeat certain cOnVersa-
tions he had had with ThaW in the
Tombs. Mr., Delmas protested that he
had not been allowed to go into these
conversations on direct examinations.
tie was proceeding at some length to
state the position of the defense when
Mr.. Jerome interrupted with the re-
mark that the argument did not call
Tor a stump speech" Mr.. Delmas
protested against this offensive Ian
guage' by the district attorney. Jus
tice Fitzgerald interposed in the dis
cussion, and Mr. Delmas was soon
lost to view because of the turn af-
fairs took
During his argument the district
attorney placed himself on record by
saying that the legal assumption be-
fore the court today is that Harry X
Thaw is insane.
Justice Fitzgerald declared the
present jury only has to do with the
question of Thaw's insanity on the
night that he shot and killed White.
Much of the day was given over to
technical questions concerning the
mental and physical examination tC
which Thaw was subjected in the
Tombs by Drs. Wagner and Evans
During some of the long explanations
offered by the alienists, Mr.. jerome
walked restlessly to and fro and once
sat down near the newspaper men
and entered into conversation with
them.
In answering some of the questions
DR.. Wagner said he was compelled tc
use long names. "Go ahead" sale
the prosecutor
Il can't help It," explained DR.. Wag.
ner as If in apology for the Longest
name he uttered
II know you can't" said Mr.. Jer.
ONE. You go right ahead whenever
YOU feel like It,"