The Mena weekly star., 1907-03-07
JEROME AND JUDGE CLASH
District Attorney acts and Talks De- fiantly to Presiding Justice in
 Thaw Trial.
DURING EXAMINATION OF DR. WAGNER
MT. Jerome Declined Point Blank to
 Submit Certain Authorities to Judge Fitzgerald Because the
 Point Involved Wae Too Element. al-Position of Defense Sustained.

New York, March 6.-What prom. ised to be very dull session of the Thaw trial Tuesday was made notable in the court annals of New York city by District Attorney Jerome placing himself in the position of openly de. flying the presiding judge The dis trict attorney declined point blank to submit certain authorities to Justice Fitzgerald, on the ground that the question of law involved was so ele- mental and the authorities so abun- dant that he must assume the court to have knowledge of them.
 q have too much respect for the courts of this Jurisdiction" declared the district attorney, to submit authorities on a proposition so ele- mental"
 Justice Fitzgerald admonished the district attorney that it was his duty to submit the authorities called for aud said he would assume that since the district attorney declined to do so. that he did not know of the ex- istence of any such authorities.
 The spectators were thrilled into absolute silence during the tense mo ments of the extraordinary debate between the judge and the district at torney. MT. Jeromes manner of ad- dressing the court was as defiant as his words. He seemed thoroughly aroused and Justice Fitzgerald seemed to retain his judicial calm only with great effort
 The point under discussion was as to whether the district attorney on cross examination could take wider scope than was permitted counsel for the defense on direct examination.
 Justice Fitzgerald finally sustained the position taken by the defense.
 During the debate, which began be tween the district attorney and MT Delmas. the latter characterized MT Jerome's remarks as offensive" and said they tended to lower the stand ards and dignity of the court
 Justice Fitzgerald interposed at this point and the war of words went on between him and the prosecuting off Ger.
 During the debate District Attorne! Jerome took occasion to declare tha' the legal assumption before the court is that Thaw is now insane He salo the defendant is shown to have been insane on June 25 last, and 1t is the assumption of law that he continues in that condition until shown to De otherwise. Justice Fitzgerald at this noint called for the authorities anf precipitated the scene with the dis trict attorney.
 The prospect that Mrs. William Thaw. the white-haired mother O the defendant, might be a witness Tuesday at the trial of Harry K. Thaw tended to revive the interest in th' hearing District Attorney Jerome re sumed the cross-examnation of pr Charles Wagner. superintendent or th' state hospital for the Insane at binS hamton, by reading the latter part Q pr Wagner's testimony Monday re aariing the characteristics oI th' brain storm. The witness Monday re ferred Mr. Jerome to an instance o brain storm cited in one ot the medl cal authorities. Tuesday the pfosecu tor asked if the alienist knew oi an other reported cases of brain storm
 Dr. Wagner said he could not recal any offhand.
 Thaw who had brought his custom ary batch of letters into court wi'' him after brief whispered eonVei sation with some of his counsel pro ceeded to read large number 2 epistles. He then took a large pa' out of one of his big envelopes ss cured pen and ink, and began to WilV letter He seemed the least ll'ei ested spectator in the room. m iac' the expert testimony throughout ha bored inc prisoner immeasurably. hi nrasent attitude is in sharp contras to the keen interest displayed whil bis wife was on the witness stahu
 Tuncheon recess was ordered wi' Dr. Wagner still on the s'anu'