Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1907-02-14

ney Jerome and Dolphin NJ Delmas
came together yesterday in the first
serious clash between counsel in the
Harry Thaw trial, and the California
attorney, who is directing the defense,
took exceptions to certain statements
of the prosecution officer and had in
serted in the record of the case
protest against misconduct of the
learned district attorney"
Jerome hotIy accused the defend
ants counsel of trying to instih into
the minds of the jury the implied sug-
gestion that the operation performed
upon Evelyn Nesbit in 1903 before
Thaw took her to Europe, was of a
criminal nature" when "as a matter
of fact" he said, ut was for appen-
dicitis."
Delmas called the attention of JUS
tice Fitzgerald to this, saying that
the district attorney was stating facts
not in evidence and that "a very ser
ious exception must be taken to his
remarks"
Send the Jury out of the room if
you want to-" exclaimed Jerome but
am going to get this thing straight
am not going to have these inn
pressions fostered before this jury
and in the minds of witness"
Says Thaw Was Insane.
Dr. Britton D. Evans, superinten-
dent of the state hospital for the in
sane at Morris Plains, n. j., was d
witness and he testified earlier in the
day that he was of the opinion that
Thaw was insane at the time of the
tragedy He had been called upon
to answer long Hypothetical ques-
ton in which reference had been
made to a serious if not capital op.
Grafton upon Miss Nesbit when the
storm between counsel broke.
Jerome seemed thoroughly wrought
up; Delmas did not for an instant
lose his calm demeanor but he gave
emphasis and force to his words new
to his hearers. Jerome said he would
withdraw his objection to the term
capital operation" if -elmas would
give him the word of counsel that
they did not know the nature of the
operation. Delmas gave his word
that he did not know it's nature.
Tilt Between Counsel.
But you may consult with coun-
sell" suggested Jerome.
Il do not care to do that" replied
lrna 10 al
All" cried the district attorney in
a loud voice, then you do want to
make this ins.nuation."
The district attorney strongly for
gets his character and position when
he charges me with an attempt TO
deceive" 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"
Il see the injustice plainly" re-
torted Jerome. but not in my re.
marks"
Jerome Wins His Point.
The storm had been brewing some
minutes before it finally broke within
quarter of an hour before adjourn.
ment Jerome and Delmas are of
two such Numerically opposed types
that the clash was not unexpected.
Judge Fitzgerald did not rule out any
of the district attorneys remarks be-
fore the jury and Delmas took care
to have every exception he made
seriously noted" Jerome won his
point and the words Serious if not
capital as defining the operation
were withdrawn by Delmas.
Informed by Miss Nesbit's Mother.
During the tilt Delmas inquired of
the district attorney as to how he
came into possession of the knowledge
as to the character of the operation
upon Miss Nesbit without violation or
confidence. Jerome said he had been
told of 1t by Miss Nesbit's mother. It
thus became known for the first time
that the district attorney is in pos
session of a long statement by Mrs.
Holman, who is now in Pittsburg, out
who, 1t has been reported from time
to time might be called as a witness
by the state in rebuttal.
DR.. Evans was on the stand all day.
occupying nearly two hours of the
afternoon session in the perusal OF
the letters written by Thaw at The
time of his estrangement with Miss
Nesbit.
Satisfactory Expert Witness.
Evans was by far the most salts
factory expert witness to the defense
so far produced. He detailed to the
jury his observations and examina-
tons Of Tflaw during the eight visits
to the prisoner in the Tombs and ta-
clared it to be his opinion that Thaw
was suffering from "a brain storm or
an explosive or Eliminating condition
0f mental IN conn I,tr