Omaha daily bee., 1907-02-13
JEROME AND DELMAS CLASH
ThAW's Counsel is Accused Of Trying to
Deceive the Jury.
RESENTED AND EXCEPTION NOTED
Incident Reveals Fact That state Has
Statement from Mrs. Holman
Expert Says the Prisoner
Was Insane.

Was Insane.
NEW YORK, Feb 12.-District Attorney
Jerome and Dolphin NJ. Delmas came to-
gether late today in the first serious clash
between counsel in the Harry Thaw trial.
The California attorney. who is directing
the defense, took exceptions to certain
statements Of the prosecuting officer and
had inserted in the record Of the case
protest against ''the misconduct of the
learned district attorney"
Mr. Jerome hotly accused Mr Delmas of
trying TO instill into the minds of the jury
the implied suggestion that the operation
performed on Evelyn Nesbit in 1908 before
Thaw took her to Europe was Of a criminal
nature. when "as a matter of fact he
said, 1T was for appendicitis"
Mr.. DelmRs called the attention of Justice
Fitzgerald to this saying that the district
attorney was stating facts not in evidence
and that very serious exception must be
taken TO his remarks.
Send the jury out OF the room II you
want to-" exclaimed Mr.. Jerome, but 1
am going to get this thing straight. am
not going 70 have these false Impressions
fostered before this jury"
Cause of the Row.
Dr. Britton d. Evans superintendent OF
the state hospital for the insane at Morris
Plains, N. j., was testifying at the time
Of the disagreement. He had declared 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
hypothetical question In which reference
had been made TO serious IL not capital
operation" on Miss NesbIt when the storm
broke.
Mr.. Jerome seemed thoroughly wrought
up. Mr. Delmas did not for an instant lose
his calm demeanor but he gave emphasis
and force to his words. new TO his hearers.
Mr. Jerome said he. would withdraw objec-
tion TO the term capital operation" IL Mr..
Delmas would give him the word Of counsel
that they did not know the nature of the
operation. Mr. Delmas gave his word that
he did not know OF its nature. "But you
may consult with counsel" suggested Mr..
Jerome.
'T do not care to do that" replied Mr.
Delmas. 'Tt is not essential"
"Ahr' cried the district attorney IN a
loud voice. "then you do want to make this
insinuation?"
''The district attorney strangely forgets
his character and position when he charges
me with an attempt to deceive" reiterated
Mr.. Delmas with more feeling in his voice
than at any time during the trial HE
must. upon deliberation. see the injustice
OF his implied dlscourtesy.'
II see injustice plainly" reiterated Mr..
Jerome. but not in my remarks"
Delmas Notes Exception.
Justice Fitzgerald did not rule out any
OF the district attorneys remarks before
the Jtfry. and Mr.. rslyaas took care to
have every exception he made seriously
noted" ..t
NJ -Tono,u. L., Ats ,,otr1 "a tha v.,oras
''serious IL not capital" as defining the
operation. were withdrawn by Mr.. Del
mas.
During the tint Mr.. Delmas asked the
district attorney how he learned OF the
character of the operation on Miss Nesbit
without a violation OF confidence. Mr..
Jerome said he had been told Of 1t by
Miss Nesbits mother. Mrs. Holman, OF
Pittsburg. II thus became known for the
first time that the district attorney is in
possession Of a long statement by Mrs.
Holman.
Says Prisoner Was Insane.
Dr. Evans was on the stand nearly all
day. occupying two hours OF the afternoon
session perHsing the letters written by
Harry Thaw.
Dr. Evans was by far the most salts
factory expert witness to the defense so
| IdT pTOOuCeO. ne QeIdlleu 10 lno jury
his observations and examinations of
Harry Thaw during eight visits to the
, prisoner in the Tombs and he declared
it to be his opinion that Thaw was ''suf-
fering from a brain storm. or explosive OF
Illuminating condition of mental unsound-
, ness' at the time he shot and killed STAN
ford White.
} DIR. Evans gave many and elaborate rea-
sons for his opinion, and during his ex-
animation Mr.. Delmas deftly brought out
r the fact whereas Thaw was suffering from
{ storm and stress when the alienist first
, visited him IN August last his condition
had shown steady and gradual improve
' ment until October s. when Thaw was
, more composed and deliberate"
DR.. Evans declared that the mental ex-
, plosion which induced Thaw to kill Stan
, ford White had left its traces on the de-
, fendant when he first visited him. He
said Thaw exhibited symptoms of paranoia
and. adolescent insanity. The FIRST was in
dIcated by his exaltation. his exaggerated
ego" the idea of his supreme Importance.
The adolescent insanity was due to heredity
and is characteristic to the development
, period of llfe-from 10 10 20 years. His
, mind. DR., Evans said, had slipped its
, moorinEs and was like ship without a
rudder. Ordeals OF stress had added their
, work to the psychopathic taint which came
from heredity.
I Mental Condition Improves.
5 DR.. Evans said that after his first thres
' visits to Thaw following the tragedy he
q was convinced that the man was OF un-
: sound mind. AS the result OF his last
visits he found thai while stil suffering
5 from a somewhat exaggerated opinion OF
. self-impOrtance, he was much improved
= The Improvement was progressive This
J. testimony was brought out in line witt
0 the contention of the derense that while
Thaw was insane Just prior to and at tbs
n time and Immediately subsequent to tn,
I homicide, he has improved to a sound condi
ton OF mentality on the removal Of tn,
, cause OF stress. DR.. Evans may be cross
examined tomorrow, although District AT
torney Jerome had not Indicated his course
1t may be that Mr. DelmAs may recall
Mrs. Thaw. The defense has other alien
: lists, however. who may be called to testify
MAYOR AND CHIEF ARRESTED
Rmmpua An Eouuau