The Montgomery advertiser., 1907-02-07

CuQIl TWILL MI. dSfVuG H&L tukKInE away at hts short, stubby moustache, He dld not move muscle of his face. He appeared to be obiivious of the com ment of the attorney.
 T take 1t. your honor. that the act ion of the learned District Attorney in not replying, Is not an act of discour- tesy, but his, conception of what are duties in this matter. shall therefore have to try to get something about the
 Turning to the witness. Mir, Delmas asked. 'Do you know anything of the con tents of that noter'
 No"
 Was there any discussion at the res- tauraht as to whether you should re- main any longer or whether you should go to the roof EardenY'
 Mir, Jerome objected, and was sus- tained.
 The cross examination then began.
 How long have you known the ds- fendantT asked Mir: Jerome. some years"
 "whefe9"
 Tn Parts and San Francisco
 Did you know Miss Nesbit before she married Thaw7"
 "No."i
 +What is your oceupationf'
 DeMe Literary WoFk.
 My last occupation was as Secretary to the Association for the Improvement and Adornment of San Francisco. re- sisned. may state. because of i'll health"
 What else have you done?r
 'Titerary work"
 What sort of literary work?"
 T am the author of two books, and have private interests
 Were you not to dine at sherry's the evening Of June 2s. 1906. instead of at the Cafe Martini"
 ''The note of Invitation was to meet at Sherry's--it was not indicated that we were to dine there."
 ''When you say that in your opinion. Mir. Thaw was irrational do you refer to his mental state or to his appear. ance?" asked the District Attorney.
 'T mean his appearance: his looks. it was SO pronounced-----"
 ..Now, wait a minute" called Mir. Je- rome. "wc have talked this over be- fore Listen to my questions"
 Then like q Hash, Mir Jerome snap- ped out:
 ''Did this man owe you any uoney3" "Nes
 Did you eyer try to borrow any money from him?'
 Never"
 On redirect examination, Mr. Mcca- l0D was aSkeu WHCH6 heN ht0h tAsgs the District Attorney.
 some months ago :"
 'Where?"
 "At the Union Club"
 Did ysu ever make statement to him or his asslstantsg"
 "I made a deposition"
 Did 1t remain in the District Attor- ney's oficer .
 "a aaLad MHCaIQh tf he thought himself qualified to pass on a mans mental state, and he said he did
 When MT. Jerome took up the exam ination he introduced as the peoples exhibit No. 5, a document and asked MT, McCaleb If 1t was the document he had referred to. MT. Mecaleb read 1t carefully from beginning to end, then said that it was the paper he had signed.
 Mir Jerome offered the document In evidence. but it was withdrawn when Mir. Delmas objected
 MT, Delmas then asked MT. Mccaleb:
 ''When you had a talk with the Dis trlct Attorney at the Union Club a few days after the shooting did you tell him that you thought Mr. Thaw was irrationalT'
 MT Jerome objected and his objec- ton was sustained. Mr. McCaleb's lips moved.
 Jerome Gets Angry.
 MT Jerome sprang to his feet.
 What do you mean by answering that question after the court has ruled if oute I call the attention of the court to this literary man who comes here and acts in this manner. It is positively indecent
 MT. Delmas protested that the wit ness had the misfortune to have to tes- tify in the case. but was entitled to courtsy all the same
 ''He is." remarked Justice Fitzger- a!d "who, however admonished the witness not to answer questions in the future until the court had ruled on them
 You say you had q conversation with mo at the Union Club" shouted MT. Jerorne then at the witness, with e tone of anger still in his voice, what time of night was it?'' 'I don't recall " Was it late In the evening" "Yes" How many drinks had you had?" , T had cue with you" The court room was in an uproai of laughter in an instant and thu bailffs had to rap long and loud foi l order
 If any one again laughs In thu court room he will be removed" sait ! Justice Fitzgerald. | Question of Capacity. 1 How many drinks had you had be 1 fore you reached the one with me. z. | resumed MT. Jerome The witness could not recall. MT. pelmas objected to a further sx ! animation along this line and when h