The Montgomery advertiser., 1907-02-13

mas, anu mdhe it acqudHi'e" "'S
 I'm not splitting hairs" said MT. Jerome with some irritation. T did not say you were; said l would not" said Mir. pelmas. MT. Jerome further objected to the question on the ground that it referred to the fact that a serious if not cap ital operation was performed on MISS Nesbit Tt is called severe if not capital operation. It was an ordinary opera ton for appendicitis-began MT. Je- rome.
 T object" broke in Mir. Delmas. "the record does not show any such evil dence.
 Every question has been put to this witness" continued Mir. Jerome raising his voice, "to inetill In his mind and into the minds of the jury that this operation was what is known as criminal operation as that is usually understood"
 Your honor." cried Mir. Delmas. T take exception to these remarks ana wish the exception noted on he record and I wish 1t noted on grounds of misconduct of the district attorney"
 ITO any normal mind" continued Mir. Jerome. the impression that would be carried by these sta. ements is that the operation was of a criminal ma
  eration as this I am willing to let the question go. Their very unwillingness to do this is In itself a proof that hey desire to make that impression on the witness"
 You did not object to this question yesterday" said MT. Delmas. No, did not realize what 1t meant"
 If you will give me the word of the defendants counsel" continued the district attorney, that they do not know the character of this operation, I am willing to let 1t go." T give my word don't know" ro- piled MT. Delmas.
 T didn't say you. said defendants counsel. I'll give you time to consult with your associates"
 q don't care to do that" was MT. Delmas' reply.
 Then you do want to make this insinuation?" snapped MT. Jerome. pointing his finger a. Mir Delmas.
 Charges Jerome With DiscOurtesy.
 Again MT. Delmas noted an exception to Mir. Jeromes remarks. T must earnestly protest against this," he exclaimed. The district at- torney strangely forgets his character and position when he charges me with an attempt to deceive. He must on de- liberation see the injustice of his im- plleo olScOurtGSE. T see injustice plainly" said MT. Jerome. but not in my remarks. will ask this witness what he under stands by the operation in the hypo- thetical question"
 May I ask the learned district at- torney where he got his information as to the operation7" sauvely suggest ed Mir. De1mas.
 "Yes," said MT. Jerome sharply. "Dfd V0n get i6 without X,iOIqfinn a confidence?' Yes" NO"
 From her husband?"
 'No."
 Then where did you get itT'
 From her mother.''
 ''oh did her mother perform the op- | eration?'
 the character of it."
 The matter was finally adjusted at the suggestion of the court by MT. Del mas striking out the hypothetical question the description of the opera tion serious if not capital"
 MT. Jerome further objected to the question on the ground that 1t stated Mrs. Thaw had told her husband that Stanford White had spoken to her after her marriage. The District Attorney
  passed White and heard him say Eve lyn."
 Mir. Delmas accepted an amendment to the question.
 Here Mir. Jerome consulted his notes. T can't carry such a question as this in my head explained the District Attorney.
 Probably not" commented Mir. Del mas in tone of tolerance. "Certainlv nnth rafninad MF-Tarapna that would be an illusion" There was considerable laughter
 MT. Jerome further obJected to the question on the ground that it said White was not visible tU the young hus- band at the Cafe Martin. MT. Jerome said there was no such evidence. Let's strike that out, too" said MT. Delmas
 Mir. Jerome had still another objec- tion. The Question declared that at Madison Square Garden Thaw's eyes suddenly Tit upon" White.
 T don't want to appear captious," said MT. Jerome. but I want this question straight today" MT. Delrnas made the question read ''Thaw saw White"
 T must still object," said MT. Jerome, Ito the statement that Thaw pulled a pistol from his overcoat pocket. There is no evidence where the pistol came from"
 Make it read Pulled a pistol,'" as- sented MT Delmas MT. JeSome objected lastly to the statement that Thaw had up both arms after shooting White, claiming the ev- idence was that only one arm was up,
 MT. Delmas ordered the court stem ographer to mako all the corrections and then asked Dr. Evans if he un- derstood the question as amended. "Yes."
 Here again Mir. Jerome interrupted to insist that when the direct ques- ton was put 1t should be in the lan- guage of the New York statutes as to whether the man committing the act was capable of knowing whether 1t was right or wrong.
 Thaw Did Not Know It Was Wrong.
 T will be glad to accede to the de- mand of the District Attorney, for the question, as defined in the statutes of this State. is so clear 1t cannot be i'm proved upon. certainly not for the purpose of this defense" said MT. Delmas who then turned to the wit ness and asked: Doctor after hearing this ques- ton and reading these letters bearing In mind all you have heard of this case that has been introduced in evidence. and excluding everything else. is 1t your opinion that the defendant on the night of June 25. did or did not know 1 his act was wronR?" ! T do not believe that he knew t'so act was wrong" answered Dr. Evans slowly and distinctly. MT Jerome objected to the form of EA A.