Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1907-03-09
JEROME CLASHES
WITH JUSTICE
Lively Tilt Enlivens Dull Session
Of ThaW Trial
EXPERT STILL ON TIE STAND

New York. March 6.--Interest arous-
ed IN the session OF the trial Of Harry
X Thaw by the announcement that
Mrs. William Thaw. the mother OF the
defendant. would take the witness
stand. was quickly duiled by the con
hnued cross-examination Of DR..
Charles G. Wagner, one OF the allen
lists for the defense. by District Attor-
Rey Jerome.
While decidedly dull in the matter
OF the testimony ELECTED from the wit
ness. the session was made notable
by a clash between District Attorney
Jerome and Justice Fitzgerald. at the
climax Of which the prosecuting on
Ger refused point blank to cite to the
court the authorities upon which he
was predicating an argument Mr. Je-
rome was requested by the presiding
Judge 20 submit 10 him whatever au-
seOrities he had upon the subject
4 have such a high respect for the
courts Of this jurisdiction" retorted
Hr. Jerome. that I will not submit
authorities on a question OF law which
IL so elemental IN character and upon
which the authorities are so abundant
that I must presume the learned court
knows OF them"
With flushed face and a sharp rap
Of his gavel. Justice Fitzgerald said
n the district attorney did not submit
the authorities the court would as
sumo 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
NJ issue. which. briefly stated. was the
question as 10 whether the state on
cross-examination should be allowed
20 go further with an expert witness
than counsel for the defense was al
lowed TO go 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 impauently in his chair.
and it was plainly with much effort
that he retained his judicial compos-
ure The storm broke In the midst OF
an extremely dull session. when some
OF the spectators in the courtroom act
ually were nodding in thei- chairs.
During the unusual scene between the
Judge and Mr.. Jerome. however. there
was hush in the room. which gave
emphasis 20 each word uttered. either
from the bench or by the prosecuting
attorney.
The incident began with an objec-
ton interpOsed by Mr.. Delmas for the
the defense 70 a question asked DR..
Wagner by MT. jerome. The district
attorney wanted the witness 10 re-
peat certain conversations he had had
with ThRw in the Tombs Mr.. Del
mas protested that he had not been al
lowed 10 go into these conversations
on direct examination. He was pro-
ceeding at some length 10 state the
position OF the defense, when Mr.. Je-
rome interrupted with the remark that
argument did not call for a stump
speech" Mr.. Delmss protested against
this offensive language" by the dis
trict attorney. Justice Fitzgerald in
terposed in the discussion. and Mr.
Delmas was soon lost TO view because
OF the turn affairs took.
During the course OF his argument.
the district attorney placed himself
on record by saying that the legal
Harry X. Thaw is insane. He declared
the alienists FOR the defense have
shown Thaw 10 have been insane as
late as September p last, and in the
absence OF proof to the contrary. the
assumption is that he remains insane.
Justice Fitzgerald declared that the
present jury only has TO do with the
question OF Thaw's sanity or insanity
on tho night that he killed Stanford
White.
DR.. Wagner was allowed to give his
with Thaw during the
period that he believed the defendant
10 be OF unsound mind. He said Thaw
having approached and
however. that he had not intended at
any time 10 kin the man. but wanted
to have him legally punished.
DR.. Wagner also declared that Thaw
had irrational knowledge OF what was
on the roof garden. He
believed the mans insanity dated
from the time Evelyn Nesbit told him
her story in Paris in 1908. DR.. Wagner
created quite a stir in court by using
the present tense in responding to A
question by District Attorney Jerome
as to what form of insanity Thaw
has or had" DIR. Wagner declared
Thaw lis suffering from symptoms
which lead toward melancholic state
and state OF demenda praecox When
asked TO describe the latter phrase
DR.. Wagner said IL covered such a
wide field Of dementia as TO be diff
cult OF strict definition. DR.. Wagner
declared Thaw's condition of mind at
the time OF the shooting was the re-
suit OF one OF the insanities OF adoles-
eence. He would not go further than
this in an attempt to classify the ex-
act form.