Daily press. [volume] (Newport News, Va.) 1896-current, 1907-02-13
Long Expected Clash Between The
Two Leading Lawyers IN Thaw
Trial Finally Occurs.
JUDGE susTAlhs DIST. ATTORNEY
Most of Time of the Court Taken
UP in Listening to Testimony Of
Expert AIien!st Who Declares
That Thaw Was Suffering From
Explosive Insanity.
tBy Associated Pres /,

w <fSopSiuteO tFeS
NEW YORK. Feb. Is. -Dis,ric,
Attorney Jerome and Mr.. Delmas
came together late today in the first
serious conflict in the Thaw trial
me Californian, who is directing
me defense. took exceptions to Ger.
tain statements of the prosecuting
officer and had inserted in the re.
cord OF the case protest against
the misconduct OF the learned
district attorney"
Mr.. Jerome holly accused the de-
fendants counsel Of trying to in.
sui into the minds of the jury the
implied suggestion that the opera
ton upon Evelyn Nesbit in 1903,
before Thaw took her to Europe,
was "of u criminal nature" when
as a matter of fact he said ut was
for appendicitis"
Mr. Delmas called the attention
OF Justice Fitzgerald to this. say
ing that the district attorney was
stating facts not in evidence anu
that an exception must be taken
to his remarks"
Send the jury out of the room
II You want to-" exclaimed MIR.
Jerome, but | am going to get
this thing straight. / am not going
to have these false Impressions ros-
tered before this jury and the mInus
OF the witnesses"
DR.. Britain Evans, superintendent
Of the State Hospital for the Insane at
Morris Plains, n. j., was the first
witness and he testified carly IN
the day that he was of the opinion
that Harry Thaw was insane at the
time of the tragedy. He had been
called upon to answer a long hypo-
thetical question, in which refer
ence had been to "a serious if nor
criminal operation" upon Miss Mes
bit, when the storm broke out
Mr.. Jerome seemed thoroughly
wrought up. while Mr.. Deimas did
not for an instant lose his calm
demeanor but put force and EN-
phasis to his words. Mr.. jerome
said he would withdraw objection
to the term criminal operation" Il
Mir. Delnias would give him the
word OF counsel that they did not
know TIE nature OF the operation.
Mr. Delmas gave his word that he
did not know its nature.
But You may consult with coun-
sell" suggested Mr.. Jerome.
Il do not care to do that" replied
Mr.. Delmas. 1T is not essential"
"Ah,' cried the district attor-
ney in loud voice, then You do
want 10 make this insinuation?"
The district attorney strangely
forgets his position when he charg
cs ME with an attempt to deceive"
retorted MIR Delmas with more
feeling in his voice than at any
time during the trial.
He must upon deliberation see
the injustice of his implied dis
courtesy"
Il see injustice plainly" retorted
MIR. Jerome. "but not in my re.
marks
The storm had been brewing for
within the quarter OF an hour before
adjournment.
Clash Not Unexpected.
Mr.. Jerome and Mr. Delmas are
of two such Numerically opposite
types that the clash was not un-
expected.
Justice Fitzgerald did not rule out
any Of the district attorneys re-
marks before the jury and Mr.. Del
mas took care to hsE6e every ex.
ception he made "se islY noted
Mr.. Jerome won Sgs point and
the words Serious iTFnot criminal
as defining The operation were with
drawn by Mr.. Delmas. During the
tilt Mn. Delmas inquired of the dis
trict attorney, as how he came in
to possession of the knowledge o.
the character of the operation on
Miss Nesbit with a violation o. a
confidence. Mr.. Jerome said he had
been told of it by Miss Nesbits
mother. 1t thus became known for
the first time that the district at
orney is il possession of long
statement by Mrs. Holman, wao Is
now in Pittsburg. but who Is re,
ported from time to time and might
be called as witness for the State
In rcbuttal.
Dr.. Evans Testimony.
DR.. Evans was OH the stand all day
occupying nearly two hours Of the az
tcrnoon session in pernsal of letters
written by Thaw at the time of his
estrangement Or. Evans was by far
the most satisfactory expert witness
for the defense SO far produced. He
detailed to tho jury his observation
and examination of Harry Thaw dur