The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-05
Mr.. Jerome Refuses to Submit
Authorities to the Judge.
A. Sensational Clash EnllVons
the Thaw Trial.
DEFENSE is SUSTAINED
On Theory That District At
torney Has No Authorities.
He Wanted to Assume That De-
fendant Is Now Insane.


ised to be a very dull session OF the
-rhaw trial today was made notable in
+be court annals of New Y ork city by
District Attorney Jerome placing him.
self in the position of openly defying
the presiding judge. The district at
torney declined point blank to supml'
certain authorities to Justice Fltz-
gerald on the ground that the question
of law involved was so elemental ana
the authorities SO abundant that ne
must assume the court to have knoWl-
edge of them.
7 have too much respect for the
courts of this jurisdiction" declared
the district attorney, ''to submit au-
thorities on a proposition so ele-
mental"
Justice Fitzgerald admonished the
district attorney that it was his duty 10
submit the authorities called for, and
said he would assume that since the
district attorney declined to do so, that
he did not know of the existence of
any such authorities.
The spectators were thrilled into alb
soIute silence during the tense mo-
ments of the extraordinary debate be-
tween the judge and the district at
torney Mr.. Jerome's manner of ad-
dressing the court was as defiant as
his words. He seemed thoroughly
aroused and Justice Fitzgerald seemed
to retain his judicial calm only with
great effort.
The point under discussion was as to
whether the district attorney on cross
examination could take a wider scope
than was permitted counsel for the de-
fense on direct examination.
Justice Fitzgerald finally sustained
the position taken by the defense.
During the debate. which began be-
tween the district attorney and Mr..
Delmas. the latter chara acterized Mr..
JerOme's remarks as Offensive" and
said the- tended to lower the stand
ards and dignity of the court.
Justice Fitzgerald interposed at this
point and the war of words went on
between him and the prosecuting of
fcer
During the dictate District Attorney
Jerome took occasion to declare that
the legal assumption before the court
Is that Thaw is now insane. He said
the defendant is shown to have been
insane on June % last. and if is the
aSsumption Of law that he continues in
that condition until shown to be other
wise.
Justice Fitzgerald at this point.
called for the authorities and precfpi-
tated the scene with the district at
torney.
Interest Is Revived
New York March 5.-The prospect
that Mrs William Thaw, the white
haired mother of the defendant, might
be a witness today at the trial of
Harry X. Thaw. tended to revive in
tereSt in the hearing. District Attor-
ney Jerome resumed the cross ex-
animation of DIR. Charles G. Wagner.
superintendent of the state hospital
for the insane at Binghamton by
reading the latter part of DR.. Wagner's
testimony yesterday regarding the
characteristics of the brain storm The
witness yesterday referred Mr.. Jerome
to an instance of brain storm cited in
one of the medical authorities. Today
the prosecutor asked if the alienist
knew of any other reported cases of
brain storm.
DR.. Wagner said he could not recall
any of that kind
Thaw. who brought his customary
batch of letters into court with him.
after a brief whispered converse ton
with some of his counsel. proceeded to
read a large number of letters
He then took a large pad out of one
of his big envelopes. secured pen and
ink, and began to write a letter. He
seemed the least interested spectator
IN the room In fact, the expert testi-
mony throughout has bored the pris-
oner immeasura bly,. His present atti-
tude is in sharp contrast to the keen
interest displayed while his wife was
on the stand.
Mr.. Jerome asked DR. Wagner If he
could cite a brain storm in which the
onset took place in ten minutes. The
doctor could not.
Does the calmness and deliberation
with which Thaw walked down to the
aisle Of the roof garden and shot
White indicate anything about his
mental condition. Is it natural for a
person suffering from a brain storm
to act in this manner" asked the dis
trict attorney.
No Rule in Insanity.
ct have already told you that 1 can
not lay down any rule as to conduct
in insanity" replied DR.. Wagner.
There is no natural way in which
things are done. Insanity in itself is
unnatural. I remember one case in
which a patient was out with a walk
ing party and suddenly jumped into a
canal, climbed under a culvert and
was drowned 1 remember another
case of a patient who took off his
necktie, tied it to the bed and lying
down on the floor. rested his neck in
a loop he had made in the tie until he
was choked to DEATH
Have you ever known a person to
commit an act of homicide in a brain
storm by going about it with calmness
and GOODNESS -
There are no two cases of insanity,
or even of sanity for that matter,
which are exactly similar"
'tSince you will not answer my ques-
tion directly, am I right in assuming
that YOU have never observed a case
in which the person committed acts of
violence with calmness?''
Il prefer to answer as I have Cool
ness and deliberation' does not accur-
ately fit any case 1 have known"
You could not tell what was going
on in the defendants brain attack
which was apparent to the eye, could
your
NO
':Now. was there any single thing in