Los Angeles herald., 1907-03-06
jerome IN
CLASH WITH
THE COURT
Attorney Is Scored by
Fitzgerald
Heated Debate Between Prosecution
and Judge In Thaw Case Ends
When Latter Rsps with
osveI
BY Associated Press.

BY Associated Press.
NEW YORK, March 5.-Interest
aroused in today's session of the trial
OF Harry K Thaw by the announce
ment that Mrs. William Thaw, mother
of the defendant, would take the wit
ness stand, was quickly dulled by the
continued cross-examination of DR..
Charles Wagner, one Of the alienists for
the defense, by District Attorney Je-
rome.
DR.. Wagner was on the stand all day.
and when adjournment was announced
the district attorney seemed to have
much ground yet to cover.
Mrs. Thaw was present in the witness
room today, waiting to be called, but
she may not be reached before late to-
morrow or Thursday morning.
While the testimony was decidedly
dull, today's session was made notable
by clash between District Attorney
Jerome and Justice Fitzgerald, at the
climax of which the prosecuting attor-
ney refused point blank to cite to the
court the authorities upon which he
was predicating an argument
Mr.. Jerome was requested by the pre-
siding judge to submit to him whatever
authorities he has had upon the subject.
Sarcastic Reply
e"I have such high respect for the
courts of this jurisdiction retorted Mr..
Jerome, that / will not submit author
tiles on a question of law which is so
elemental in character and upon which
the authorities are so abundant that l
must presume the learned court knows
of them"
With a flushed face and with a sharp
rap of his gavel Justice Fitzgerald said
IL the district attorney did not submit
the authorities the court would assume
that he did not know of any. Mr.. Je-
rome did not submit the authorities, and
Justice Fitzgerald ruled in favor of the
defense on the point at issue, which was
the question as to whether the state on
ross-examina tion should be allowed to
go further with an expert witness than
counsel for the defense was allowed to
go on direct examination.
Distrdict Attorney Jerome was as de-
fiant in his tone as he was in the words
he uttered. Justice Fitzgerald raped
several times with his gavel, twisted
about impatiently in his chair, and it
was plainly with much effort that he
retained his judicial composuTe
The incident began with an objection
interposed by Mr.. Delmas to a question
asked DR.. Wagner by Mr.. Jerome. The
district attorney wanted the witness to
repeat certain conversations he had had
with Thaw in the Tombs.
Calls 1t Offensive Language
MIR. Delmas protested that he had
not been allowed to go into these con-
versations on direct examination. He
was proceeding at some length to state
the position of the defense when Mr.
.Taroma iOtarr11Dtad with tba rama rl
that tho argument did not call for a
stump 1peech."
Mr.. Delmas protested against this
''offensIve" language by the district
attorney. Justice Fitzgerald inter-
posed in the discussion and Mr.. Delmas
was soon lost to view because Of the
turn affairs took.
During his argument the district at
torney placed himself on record by
saying that the legal assumption before
the court today is that Harry X. Thaw
is insane.
Justice Fitzgerald declared that the
present jury has only to do with the
question of Thaw's sanity or insanity
on the night that he shot and killed
Stanford White.
Much Of the day was given over to
technical questions concerning the
mental and physical tests Thaw was
subjected to in the Tombs by Drs
Wagner and Evans. During some OF
the long explanations offered by the
alienist Mr.. Jerome walked the floor
freely and once sat down near the
newspaper men and entered into con-
versation with them.
In answering some of the questions
DR.. Wagner said he was compelled to
use long names.
"Go ahead" said the prosecutor. The
expert proceeded. The official steno-
graphe' squirmed and most of the
jurors laughed heartily.
''I can't help it," explained Dr. Wag-
ner, as if in apology for the longest
name he uttered. IT know you can't,
said Mr.. Jerome. You go right ahead
whenever you feel like it,"