Arizona republican., 1907-02-13
Jerome Accuses DeImar of an Attempt to
 Fool the Jury
An Expert ElabOrately Explains the of the Prisoners Mental Breaking Up Under "StOrm and Stress and His Recovery.

New York, Feb. 1.-Jerome and Del mas came together today in the first serious clash between counsel in the Thaw trial. The California attorney who is directing the defense. took ex- captions to certain statements of the prosecuting officer and had inserted in the record a protest against the reinstatement of the learned district attorney"
 Jerome hOtly accused Delmas of trying to instil into the minds of the jury an implied suggestion that the operation performed on Evelyn Nesbit in 1908, as of a criminal nature" |" when. as a matter of fact, he said. it was for appendicitis.
 Delmas called the attention of Jus tice Fitzgerald to this, saying the dis trict attorney was stating facts not in evidence and that "very serious excep- ton must be taken to his remarks"
 Send the jury out of the room if vJ want to-" exclaimed Jerome. but am going to get this thing straight ened out 1 am not going to have these false impressions fostered before the jury"
 pr. Britain D. Evans. superintend- ent of the state hospital for the insane at Morris Plains, N J.. was testifying at the time of the disagreement. He declared that he was of the opinion that Thaw was insane at the time of the tragedy. He had been called upon to answer a long hypothetical ques- ton in which references had been made to a serious if not capital op- cratiOn" on Miss Nesbit, when the storm broke
 Jerome seemed thoroughly wrought mp. Delmas did not for an instant lose his calm demeanOr. but gave emphasis and force to his words. Jerome said he would withdraw his objection to the term capital operation" if Del mas would give him the word of coun- sel that they did not know the nature of the operation. Delmas gave his word that they did not know it's na- ture
 But you may consult with counsel" suggested Jerome.
 q do not care to do that" replied Delmas. Tt is not essential"
 An" cried Jerome in a loud voice. then you do want to make this insin- uation."
 MT. Jerome strangely forgets his character and position when he charges me with an attempt to de- ceive," retOrted Delmas with more feeling in his voice than at any time during the trial He must upon de- liberation. see the injustice of his i'm piled discourtesy."
 'I see the injustice plainly" retort- ed Jerome. but not in my remarks"
 Justice Fitzgerald did not rule out any of the district attorneys remarks before the jury. and Delmas took care 10 have the exception he made ser iousIy noted"
 Jerome won his point, and the words. serious. if not capital" as defining the operation were withdrawn by Delmas.
 During the tilt Delmas asked the district attorney how he learned the character of the operation upon Miss Nesbit without a violation of cOnfi- dence. Jerome said he had been told by Miss Nesbits mother Thus 1t be- came known for the first time that the district attorney is in possession of s long statement by Mrs. Holman.
 Evans was on the stand all day. occupying nearly two hours of the afternoon session in the perusal of let ters written by Thaw at the time of his arrangement from Miss Nesbit. Evans was far the most satisfactory expert witness defense has so far pro- lucad IJa detailed tO inc iury his Ob- servations and examinations of Thaw during his eight visits to the prisoner in the Tombs. and declared his opinion to be that Thaw was suffering from "a brain storm of an explosive or full minating condition. of mental un-