The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-02-15

Who May or May not be Put Upon
The Stand
New York, February 12.-District al.
torney Jerome and Dolphin M. De,mas
came together late today in the first
serious clash between counsel in tne
Harry Thaw trial, and the California
attorney, who is directing the defense,
took exceptions to certain statements
OF the prosecuting officer and had i'll
serted in the record of the case a PRO-
test against "the misconduct OF the
learned district attorney"
MFR. Jerome holly accused the defend.
ants counsel of trying to instill lilo
the minds of the jury the implied sug-
gestion that the operation upon Eve
Ign Nesbit in 1903, before Thaw took
her to Europe was of a criminal na-
ture" when as a matter of fact he said,
cit was for appendicitis"
Mr.. Delmas called the attention of
Justice Fitzgerald to this, saying tLat
the district attorney was stating facts
not in evidence and that a very Sc
riOus exception must be taken to his
remarks"
Send the jury out of the rCou, il
you want to-" exclaimed Mr.. Jerome,
but | am going to get this thing
straight. | am not going to have these
false impressions fOstered before this
jury and il the minds of the Witnesses
DIR. Britton D. Evans, superintendent
OF the state hospital for the insane at
Morris Plains, N. j., was The witness
and he testified early in the day hat
he was of opinion thac Harry Th1w
was insane at the time of the tragedy.
He had been called upon to answer a
long hypothetical question in winch
reference had been made to a serious
if not capital operation upon Miss
Nesbit when the storm between cour-
sci broke.
Mr.. Jerome seemed thoroughly
wrought UP, while Mr.. Delmas did not
for an instant lose his calm demeanor
but put force and emphasis to his
words new to his hearers.
Mr.. Jerome said he would withdraw
objection to the term capital opera
dion" if MI. Delmas would give him
the word Of counsel hat they did not
know the nature of the operation. Mr..
Delmas gave his word that he did not
know it's nature.
But you may consult with counsel,
suggested Mr.. Jerome.
II do not care to do that replied ilr.
Delmas. "It is not essential"
"Ah!" cried the district attorney in
a loud voice. then o do al to
make this insinuatiOn."
The district attorney strangely for
gets his character and position when
he charges me with an attempt to de-
ceive," retorted Mr.. Delmas, with mere
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."
II see injustice plainly retorted Mr..
Jerome, but not in my remarks"
The storm had been brewing for some
minutes but it finally broke within Tie
quarter of an hour before adjournment.
Mr.. Jerome and Mr.. Delmas are Of two
such Numerically opposite types that
the clash was not expected Justice
Fitzgerald did not rule. out any Of the
district attorneys remarks before the
jury and Mr.. Delmas took care to have
every exception he made seriously
noted" Mr.. Jerome won his point
and the words serious if not capital
as defining the operation were with
drawn by Mr.. Delmas.
During the tilt Mr.. Delmas inquired
OF the district attorney al to how he
came into possession of knowledge as
to the character Of the operation Upon
Miss Nesbit without a violation cf
confidence. Mr.. Jerome said he had
been told of it by Miss Nesbit's mother.
1t thus became known for the first tine
that the district attorney is in possess
sion of a long statement by Mrs. I1ol-
man who is now in Pittsbu:g, but who
it has been reported from tine to
time might be called as a witness by
the state in rebutta1.
DIR. Evans was on the stand all day
occupying nearly two hours of the
afternoon session in a perusal of the
letters written by Thaw at the time
of his estrangement with Miss Nesbit. |
DIR. Evans was by far the most salts |
factory expert winess for the defense |
far produced. He detailed to the /
Jury his observations and examinations |
o Harry Thaw during the eight visits |
to the prison in the Tombs and de- |
Clared it to be his opinion that Ttav i