Perth Amboy evening news., 1907-03-06
JUDGE HELPS
THE DEFENSE
Assists DeImas in Protecting His
Witness From Unfair Treat
ment in ThaW Trial.
JURY MUST DECIDE SANITY.
Judge Fitzgerald Scores the Prosecu-
tor in Court When the Latter Re-
fused to Quote Authority in n
Statement--Jeromc Came Near
Contempt--Judge Refused TO Argue
the Matter-Dull Day In the Trial.

Contempt--Judgc Refused TO Argue
the Matter-Dull Day In the Trial
NEW YORK, March $50 strenu
Gus was District Attorney Jerome al
the trial of Harry Thaw that he arouS
Ell the indignation of Justice Fitzger
aid. and received from him several
stinging rebukes.
The prosecutor was bent on trapping
DR.. Charles L. Wagner, alienlst for
Thaw, into an admission that the pris-
oner is insane now or was insane at
the time he shot Stanford White. He
accused the witness, who did not an
swer questions to suit him, of duck
ing for the defense This called out
the first show of wrath on the part OF
the judge, who ordered the remark
stricken from the record.
DIR. Wagner was proceeding at some
length to state the position of the de
fense when Mr.. jerome interrupted
with the remark that the argument did
not call for Il stump speech" Mr..
Delmas protested against this ''of-
fensiye language by the learned dis
trict Attorney Justice Fitzgerald in
terposed in the discussion, and Mr..
Delmas was soon lost to view because
of the turn affairs took.
During the course of his argument
District Attorney Jerome placed him
self on record by saying that the legal
assumption before the court Is that
Harry X. Thaw Is insane. He declaI-
ed the alienists for the defense have
shown Thaw to have been insane as
late as Sept. % last, and in the alb
sence of proof to the contrary the as
sumption is that he remains insane.
Justice Fitzgerald declared that the
present jury only has to do with the
question of Thaws sanity or insanity
on the night that he shot and killed
Stanford White.
The witness was asked regarding
Thaw's will and codicil and said he
would not characterize the insanity
they indicated as paranoia. He admit
ted, however, that the delusions might
be somewhat paranoic in type
A little later the district attorney fell
into pit that he had dug himself and
before he was out of 1t had aroused Il
storm In Justice Fitzgerald that burst
forth in fashion that is seldom seen
In courtroom.
II wants to show" declared Jerome,
that the evasions and quibblings of
xxrft yff,0n p1f
nary proceeding"
Delmas made furious objections. lii
the midst of the heated argument Je-
rome made this remarkable statement:
THE legal presumption is that he
was insane after the date of the first
three visits, and the legal presumption
is that he is now insane
do you mean that there is a legal
presumption that he is now insane"
asked Justice Fitzgerald in astonish-
ment
Il snid"- began Jerome. Then he
halted again.
do you admit that this defendant
was insane at the time of the shoot
ing?" said Delmas, jumping MP in de-
light
81 neither admit nor deny anything"
said Jerome. Il am trying to get the
truth from your expert. That's ALL"
do you mean to say that this jury
has been sworn to do anything but de-
eide on this defendants sanity on any
date except the date of the killing of
Stanford White?" asked the Judge.
Jerome started apparently to argue
into the Justices cheeks. He invited
Jerome to submit any authority tend
ing to confirm him in the attitude he
had taken.
II shall not submit any authorities
on Il point so elemental that every
court is assumed to know them" he
said. 81 shall not submit authorities
on point which it must he assumed
are recognized judicially everywhere"
Then, realizing how far he had gone.
the district attorney hastily added:
Il have too much respect for this
court not to assume that your honor Is
familiar with the authorities"
In voice shaking and unsteady with
suppressed feeling Justice Fitzgerald
said:
"The court must be informed of the
law before it can rule on aldisputed
point. If the district attorney does not
produce any authorities l will assume
1t is because he knows of no such au-
thority and cannot produce them. Are
you through with your remarksY"
The Thaw trial adjourned with DR..
Wagners cross examination unfinished
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