The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-02-13
LAWYERS IN a TILT.
jerome and Delmas Exhibit Personal
Feeling.

| between counsel in the Harry K Thaw
| trial. The California attorney. who is
| directing the defense, took exceptions
| to certain statements of the prosecut-
| ing officer and had inserted in the rec
ord of the case a protest against s-tha
misconduct of the learned district at
| torney."
Mr. jerome hotly accused Mr.. Del,nas
of trying to instilI into the minds of
the jury the implied suggestion that the
operation performed on Evelyn Nesbit
| in 1903 before Thaw took her to Europe.
was ''of a criminal nature" when "as
a matter of falt," he said, at was for
appendicitis"
Mr. DeImas called the attention of
Justice Fitzgerald to this, saying that
the district attorney was stating facts
not in evidence and that a very SER
ious exception must be taken to his re-
marks"
Send the jury out of the room if Won
want to-" exclaimed Mr.. Jerome but
nm going to get this thing straight. 1
ana not going to have these false i'm
pressions fostered before this jury"
But the jury stayed.
Jerome and Delmas then accused each
other of demanding injustice" Delmas
spoke quietly concerning the question
in hand, but Jerome roared in return:
Injustice? 1 see injustice plainly, but
not in anything I have said or done"
He pointed his finger at Delmas as he
spoke. But Judge Fitzgerald supported
Jerome in his contention. which was
to strike out the words serious if not
capital operation" in mentioning the
surgical operation on Evelyn Nesbit
when she was in a New Jersey school.
DIR. Britton D. Evans, superintendent
OF the state hospital for the insane al
Morris Plains, N. j., was testifying a
the time of the disagreement He had
declared he was of the opinion that
Harry Thaw was insane at the time of
the tragedy. He had been called upon
TO answer long hypothetical question
in which reference had been made to
a serious if not capital operation on
Miss Nesbit when the storm broke.
Mr.. Jerome was thoroughly wrought
up; Mr.. Delmas did not for an instant
lose his calm demeanor, but he gave
emphasis and force to his words new
to his hearers. Mr.. Jerome said he
would withdraw objection to the term
capital operation" if Mr.. Delmas
would give him the word of counsel
that he did not know the nature of the
operation. Mr.. Delmas gave his word
that he did not know of its nature.
But you may consult with counsel,
suggested Mr.. Jerome.
Il do not care to do that" replied
jerome Fires Up.
rAh,'' cried the district attorney in
a loud voice, then you do want to
make this insinuation 2''
sThe district attorney strangely for
he Charges me With ssfI attempt to de-
ceive," retorteds Mr. Delmas. quietly,
but with more feeling in his voice
than at any time during the trial.
He must upon deliberation see the
of his implied discourtesy."
Il see injustice plainly shouted
any of the district attorneys remarks
or acts" He again demanded the
with drawal of the words
Justice Fitzgerald did not rule out
any of the district attorneys remarks
before the jury and Mr.. Delmas took
to have every exception he made
seriously noted
Mr.. Jerome won his point and the
words SERIOUS if not capital as de- |
lining the operation. were withdrawn
by Mr.. Delmas.
During the tilt Mr.. Delmas asked |
the district attorney how he learned of |
the character of the operation upon /
Miss Nesbit without a violation of a |
Mr.. Jerome said he had
been told of it by Miss Nesbits moth |
sr, Mrs. Holman of Pittsburg- 1t thus
became known for the first time that
the district attorney is in possession
# a statement by Mrs. Holman.
DIR. Evans was on the stand all day.
nearly two hours of the
afternoon session in a perusal of the
etters written by Harry Thaw at the
ime of his estrangement with Miss
Nesbit
DR.. Evans was by far the most satis-
factory expert witness to the defense
so far produced. He detailed to the
ury his observations and examinations
# Harry Thaw during eight visits to
he prisoner in the Tombs and de-
Jared it to be his opinion that Thaw
vas suffering from "a brain storm or
In explosion of Illuminating condition
If mental unsoundnesS" at the time
lie shot and killed White
DR.. Evans gave many and elaborate
easons for his opinion and during his
Mr.. Delmas deftly
out the fact that whereas
rhaw was suffering from storm and
tress' when the alienist first visited
Tim in August last, his condition had
hown steady and gradual improve
nent until on october 8, when Thaw
vas more composed and deliberate"
DIR. Evans declared that the mental
xp1osion induced Thaw to kill Stan
ord White and had left its traces on
he defendant when he first visited
i'm. He said Thaw exhibited symp-
oms of paranoia and adolescent in
anity The first was indicated by his
xaltation. his exaggerated ego,' the
lea of his supreme importance. The
dolescent insanity was due to heredity
nd is characteristic to the develop
lent period of life-from 10 to 40
ears
But Then Thaw Improved.
Thaw's mind, Dr. Evans said, had
tipped its moorings and was like a
hip without a rudder. Ordeals of
tress had added their work to the
sychopathic taint which came from
eredity. DR.. Evans said that after .
is first three visits to Thaw following
ne tragedy, he was convinced that the
ian was of unsound mind. AS result
( his last visits he found that while I
ill suffering from a somewhat exag- ,
Grated opinion of self Importance. he {
as much improved. The improve
lent was progressive.
This testimony was brought out in '
ne with the contention of the defense
lat while Thaw was insane prior to
nd at the time, and Immediately sub t
eQuent to the homicide, he has i'm I
roved to sound condition of mental t
Y following the removal of the cause t