The Montgomery advertiser., 1907-02-13
JEROME AND
 DELMAS MEET
 ---.----- hares Banded Back and Forth. PROSECUTOR MAKES POINT Claims Defending Attorney Worded
 Question Improperly Thaw's Lawyer Finally Changes Form of Hypothetical Query Pat To
 Aiienist Who Occupied
 stand All Day.

New York. Feb. 12.--District Attor-
 ney Jerome and Dolphin M. Delmas
 came together late today in the first serious clash between counsel in the
 Harry K. Thaw trial and the California attorney, who is directing the defense, | took exceptions to certain statements l of the prosecuting officer and had in- | serted in the records of the case | protest against "the misconduct of the | learned district attorney"
 MT. Jerome hotly accused the defen- dant's counsel of trying to instilf into | the minds of the jury the implied sug- l gestion that the operation, performed 1 upon Evelyn Nesbit in 1903 before Thaw took her to Europe was "of a | criminal nature," when -as a matter | of fact" he said, it was for appen- dicitis."
 1 Dr. Delmas called the attention of Justice Fitzgerald to this, saying that l the district attorney was stating facts l not in evidence and that a "very seri- | ous exception must be taken to his ] remarks"
 'tsend the jury out of the room, If 1 you want to-" exclaimed Mir. Jerome.
 ''but am going te get this thing straight. I am not going 10 have these false impressions fostered before this jury and in the minds of the wit ness"
 Dr. Britton D. Evans. superintendent of the State hospital for the insane at Morris Plains. N. J.. was the witness and he testified earlier in tho day that he was of the opinion that Harry Thaw was insane at the time of tho tragedy. He has been called upon to answer a l long hypothetical question in which i reference had been made to a serious l if not a capital operation" upon Miss Neabit, when the storm between coun- | sel broke. MT. Jerome seemed thoroughly
 wrought up, MT. Delmas did not for an instant lose his calm demeanor, but gave emphasis and force to his words l new to hIs hearers. MT. Jerome said | he would withdraw objections to the l term capital operation" if Mir, DeIInas would give him the word of counsel tho operatiots Alfs pelmaS gave his | word that he didrnot know It's nature.
 But you may consult with counsel z suggested MT. Jerome.
 II do not care to do that" replied Mr. Delmas. Tt is not essential"
 "Ah," cried the district attorney In a loud voice, then you do want to make this inslnuation."
 The District Attorney strangely for gets his character anu position when he charges me with an attempt to de- cetve," retorted Mir. Delmas with more feeling in his voice tn..n at any time during the trial HIS IAust, upon de- liberation, see the injustice of his i'm piled dlsconrtesy."
 T see injustice plainly" retorted Mir Jerome. '.but not in my remarks"
 Jerome Wins His Point.
 Justice Fitzgerald did not rule out any of the DissfIce Atsofneys remarks before the jury, and MT. Delmas took care to have every exception he made ''seriously noted" MT. Jerome won his point and the words. serious. if not capital" as defining the operation. were withdrawn by Mir. Delmas.
 During the tilt Mir. DeImas tnquir- cd of the District Attorney as to how he came Into possession or his knowl- edge as to the character of the opera ton upon Miss Nesbit, without violat- ion of confidence.
 MT. Jerome said he had been told of 1t by Miss Nebit's mother. It thus be- camo known for the first time that the District Attorney is in possession of a long statement by Mr Holman, who is now in Pittsburg, but who, 1t has been reported. might be called as witness by the State in rebuttal.
 Dr. Evans was on the stand all day, occupying nearly two hours of the af- ternoon session in a perusal of certain letters written by Harry Thaw at the time of his arrangement with Miss Nesbit.
 RDr. Evans was by far the most sat- isfactory expert witness for the defense SO far as produced. He detailed to the fury his observations and examinations of Harry Thaw during eight viists to the prisoner in the Tombs. and declar- ed it to be his opinion that Thaw was suffering from a brain storm, or an explosive of eliminating condition of mental unsoundness," at the time he shot and killed Stanford White.
 Dr. Evans gave many and elaborate reasons for his opinion and during his examination. MT. Delmas deftly brought out the fact that whereas rhaw was suffering from storm and stress when the alienist first visited him in August last, his condition had shown steady and gradual Improvement until on October 8, when Thaw was
 more composed and deliberate"
 The testimony was brought out in line with the contention of the defense that while Thaw was insane prior to and at the time and immediately subse- Quent to the homicide he has improved to a sound condition of mentality. fol- lowing the removal of the cause of stress
 Mrs Thaw May Resume stand.
 pr Evans may be cross-examined tomorrow. although Mir. Jerome had not indicated his course It may be that MT. DeImas will recall Mrs. Thaw to continue her story now that expert witnesses have testified as to Thaw's insanity prior to the tragedy.
 What Is regarded as an important document in connection with the trial. was. 1t Is understood. obtained yester- day by District Attorney Jerome from Abraham HummeI.
 This document is a photograph doou- ment of the statement which Evelyn Nesbit Thaw testified Lawyer Hummel dictated when she went to his office with stanford White. The original copy, 1t ia stated, was destroyed. prob- ably at the time young Mrs. Thaw says she went to Hummels office in search of a paper which she had signed.
 In the statement are charges that Thaw ill-treated her and even beat her. 1t is understood. There Is some talk that Hummel may be put on the stand as a witness in rebuttal. but it Is more likely that MT. Jerome Is pre- pairing for his cross-examination of the young woman.
 Mir. Jerome and Mfr, Hummel met in