Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-02-13
IN
THAW TRAIL
IN SERIOUS
c | A S H
DeImaS Takes Exception to
District Attorney Jerome'S
Accusation That He At
tempted to Deceive Jury
PRISONER INSANE
AT TIME OF TRAGEDY
Superintendent Of New York
Asylum UnheSitatingIy Pro-
nounCeS Thaw irresponsible
When White Was SIain

n0unCeS InaW irresponsible
When White Was Slain,
IBy Morning journal Special LEASED Wire.
New Y YOrk, Feb. 12.-District Attor-
ney Jerome and d. NJ DeImas came
together late TODAY in the first serious
clash between counse! in the Harry
X Thaw trial The California attor-
ney who is directing the case, took
exceptions to certain statements or the
prosecuting officer and had inserted in
the record of the case a protest against
the misconduct Of the learned dis
trict attorney"
Mr.. Jerome hotly accused Mr.. Del
mas of trying to instil into the minds
of the jurors the implied suggestion
that the operation performed on Eve
lYn Nesbit Thaw in 1903 before ThaW
took her to Europe was "of a criminal
nature when "as a matter of fact,
he said. lit was for appendicitis.
Mr., Delmas called the attention Of
Justice Fitzgerald to this, saying that
the district attorney was stating facts
not I'm evidence and that "a very Sc
rious exception must be taken to his
remarks.
Send the Jury out of the room if
YOU want to- exclaimed Mr.. Jerome,
but | am going to get this thing
Strengthened out. | am not going to
have these false Impressions fostered
before this jury"
DR.. Britton d. Evans, superintend-
ent Of the state hospital for the in
sane at Morris Plains. n j., was tes-
tifying at the time of the disagree
ment, 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 refer
ence had been made to "a serious II
not capital operation" on Miss Nesbit
when the storm broke.
Mr.. Jerome seemed thoroughly
wrought up; Mr.. Delmas did not for
a moment lose his calm demeanor, but
he gave emphasis and force to his
words to his hearers. Mr.. Jerome
said he would withdraw his objection
to the term capital operation If Mr..
Delmas would give him the word Of
counsel that they 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 the
counsel" suggested Mr., jerome
Il do not care to do that" replied
Mr.. Delmas. 1T is not necessary
"Ah" cried the district attorney
in a loud voice, then you do want to
make this insinuation.'
THE district attorney strangely for
gets his character and position when
he charges me with an attempt to de-
ceive,' retorted Mr.. Delmas, with
more feeling in his voice than at any
time during the trial. He must upon
deliberatiOn see the injustice of his
implied discourtesy,"
II see injustice plainly" retorted
Mr. Jerome, but not in my remarks. y
Justice Fitzgerald did not rule out
any Of the district attorneys remarks
before the jury and Mr. Delmas took
care to have every exception he made
seriously noted.
Mr.. jerome won his point and the
words Serious if not capital" as de-
timing the operation, We're Withdrawn
by Mr.. Delmas.
During the tilt Mr. Delmas asked
the district attorney how he learned
the character Of the operation upon
Miss Thaw without violation Of a con-
fidence Mr. jerome said he had been
told of 1t by Miss Nesbits mother, Mrs.
Holman. of Pittsburg. 1t thus became
known for the first time that the dis
trict attorney is in possession of long
statement by Mrs, Holman.
Dr. Evans was on the stand all day
occupying nearly two hours of the
afternoon session in perusaleof the
letters written by Harry Thaw at the
time of his estrangement with Miss
Nesbit
Dr. Evans was by far the most sat
fyfa XAfit n =
so far produced He detailed to the
Jury his observations and eXamina-
tions of Harry Thaw during eight Wis
its to the prisoner in the TOmbs, and
declared II to be his opinion that
Thaw was suffering from "a brain
storm or an explosive or Illuminating
condition of mental unsoundness. at
the time he shot and killed White.
DR.. Evans gave many and elabor-
ate reasons for his opinion and dur
ing his examination Mr.. Delmas def
nitely brought out the fact that,
whereas Thaw was suffering from
storm and stress" when the alienist
first visited him in August last, his
condition had shown steady and grad
ual impr0vement uptil on October 8.
when Tnaw was more composed and
deliberate"
Or. Evans declared that the mental
explosion which induced Thaw to kill
Stanford White had left its traces on
the defendant when he first visited
him He said Thaw exhibited symp-
toms of paranoia and adolescent in
sanity. The first was indicated by his
e~altation. his exaggerated ego"-the
idea Of his Importance. The adoles-
cent insanity was due to hereditary
ana il characteristic to the develop
ment period of lfe-from 10 to 40
years.
Thaw's mind. DR.. Evans said, had
slipped its moorings and was like a
ship without rudder. Ordeal anu
stress had added their work to the
&Dsychopathic taint which came from
heredity. Or. Evans said that after his
first three visits TO Thaw following the
tragedy he was convinced tnat the
man was Of unsound mind. AS the re-