The Montgomery advertiser., 1907-03-21

caittu your n0nors attenIlons 10 the fact tha the issa quasi-judicial officer. and attempt to shut out the truth in
 That is not so," broke in MT. Je- rome. If the objection s trade on tist ground I will withdraw my ob- Jection. I am perfectly willing to re- oren this whole case and let all the truth go in provided the defense is willing to allow the whole truth to come out on cross examination. But if it Is the purpose to bring out only part of the truth I shall certainly ob- ect."
 T have no stipuiations to make with the district attorney" said Mir. Dell mas.
 Then it is you who does not want rome.
 Mir. Delmas went on to argue that the district attorney had himself sub poensed Dr. Hamilton.
 Certainly I did" said the ! district attorney. T have subpoenaed Mrs. Thaw and dozen morewitnesses whom I have not called. I subpc enaed them whether by myself or by the defense"
 MT. Delmas insisted that Mir. Jerome had definitely promised to call Mir. Hamilton and had failed to do so.
 Didnt Redeem Promise. He has not redeemed his promise to your honor" said Mir. Delmas. when he was invoking a rule from you by declaring he would call Dr. Ham ilton. We propose to prove by this impartial witness that when this al- legged crime was committed this de fendant was insane and could not know the nature or quality of his act !"
 MT DeImas called attention to the fact that James Clinch Smith was al- lowed to testify as matter of dis cretion after the prosecution had clos ed it's case In chief.
 District Attorney Jerome replying to Mr. Delmas declared counsel had made many unjust and unfair insinuations against him.
 And your honor knows" he said. "that when Dr. Hamilton made his ex- aminations of this defendant he was acting for the defendants counsel and without an expressed waiver of prfvi- lege from the defendant would be stopped from asking a single question. You will remember the privilege plead ed when pr. Carlton Flint took the stand; when Attorney Longfellow took the stand, and when MT. Hartridge was called on for information.
 T offered to waive all objections to Dr. Hamilton testifying so long as he was allowed to all But I wanted the stipulation that the district attorney must not be stopped on cross exannina- tion from getting at the truth of this story. want all the truth in this case The learned council from the Pacific slope offered to throw open the doors at the beginning of the trial, but when put the photographer on the stand to fix dates by which I could prove an alibi for Stamford White. the doors were shut tight"
 Mir. Delnnas repeated his arguments and after he had finished Justice Fftz- gerald said
 Not Discretionary Matter.
 '"This Is not a discretionary matter. On the record in this case must rule according to law. The objection is sustained.
 : Mir. Delmas offered to state as a matter of discretion what he intended to prove by Dr. Hamilton.
 Mir, Jerome again objected but Jus tiee Fitzgerald instructed Mir. DeImas that he might state in general what he wished to prove but that he might not go Into facts.
 Now, your honor" said Mir. Delmas that you have sustained the objection to the question of this witness on pure ly legal grounds, appeal to your dis cretion-'
 T have already said, interrupted Justice Fitzgerald. that have abso- lutely no discretion on the record of this case. I must rule according to law"
 MT. Delmas said that as Justice Fitz- gerald had ruled on only one question put the witness, he would proceed to ask others.
 How many visits did you make to the defendant, doctor?" he asked.
 NIT. Jerome did not object and Dr. Hamilton said he had visited Thaw