The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-02-13

New York. February 12.-Dstrct At
torney jerome and Dolphin NJ Delmas
came together late today in tho first Sc
rious clash between counsel In the Harry
K Thaw trial. and the California attor-
ney who is directing the defense took ex-
eeptions to certain statements of the
prosecuting officer and had inserted in
the records of tho case a protest against
the misconduct of the learned district
attorney"
Mr. Jerome hoty accused the defen-
dants counsel of trying to instill into
the minds of the jury the implied sugges-
tion that tho operation performed upon
Evelyn Nesbit in 1908, before Thaw took
her 10 Europe, was "of a criminal ma.
ture," when, as a matter of fact, he said
"it was for appendicitis"
Mr.. Delmas called the attenton-of JUS
tee Fitzgerald to this. saying that the
district attorney was satlng facts not in
evidence and that very serious ex.
ception must be taken to his remarks.
"Send the jury out of the room If you
want to-" exclaimed Mr. Jerome, but
am going to get this thing straight. ]
am not going to have these false impress.
sions fostered before this jury and in the
minds of the witnesses"
Dr. Britton d. Evans, superintendent OF
the state hospital for the insane at Nor
ris Plains. n. j., was the witness, and
he testified earlier IN the day that he was
of the opinion that Harry Thaw was in
sane at the time Of the tragedy lie had
been called upon to answer a long hypo-
thetical question, in which reference had
been made to "a serious If not capita
operation" upon Miss Nesblt, when th,
storm between counsel broke.
jerome Wrought Up.
Mr. Jerome seemed thoroughly wrought
UP. Mr.. Delmas did not for an instant
lose his calm demeanor. but gave EN-.
phasis and force to his words now to his
hearers. Mr. jerome said he would with
draw objection to the term "capital oper-
alton" IL Mr. Delmas would give him
the word of counsel that they did moi
know the nature of the operation. MIR
Delmas gave his word that he did moi
know its nature.
But you may consult with counsel.
suggested Mr.. Jerome.
II do not care to do that" replied Mr.
Delmas ut is not essential
"Ah," cried the district attorney in
loud voice. then you do want to max,
this insinuatlon.'
"rhe district attorney strangely forgeti
his character and his position when hs
charges me with an attempt to deceive
retorted Mr.. Delmas with more feeling In
his voice than at any time during thu
trial "IIe must upon delberation sc.
the Injustice of his implied discourtesy'
Il see injustice plainly" retorted Mr.
Jerome but not in my remarks
Justice Fitzgerald did not rule out any
OF the district attorneys remarks before
the jury. and Mr.. Demas took care to
have every exception lie made seriously
noted"
Mr.. Jerome won his point and the
words Serious, If not capital" as dehn-
ing the operation were Withdrawn by
Mr.. Delmas.
During the tilt Mr. Delmas inquired
of the district attorney as TO how he
came into possession Of his knowledge
as to ia, character OF the operation upon
Miss Ne It without violation Of con-
fidence.
,ld BY Mother.
Mr.. Jerof. i'd he had been told OF
It by Miss r nit's mother. II thus
became known Tor the first time that
the district attorney is in possession oi
a long statement by Mrs. Holman, who
is now in Pittsburg, but who, II has been
reported might be called as a witness
by the state in rebuttal.
Dr. Evans was on the stand all day
occupying nearly two hours Of the after
noon session I'm perusal of certain let.
ters written by Harry X. Thaw at the
time of his estrangement with Miss Nes.
bit.
Dr. Evans was by far the most salts
factory expert witness for the defens,
so far produced. He detailed to the
Jury his observations and examinations
of Harry Thaw during eight visits tc
the prisoner in the Tombs. and declared
it to be his opinion that Thaw was suf
fering from a brain storm, or an ex.
plosive of illuminating conditions OF
mental unsoundness" at the time he shot
and killed Stanford White.
DR. Evans gave many and elaborate
reasons for his opinion and during III,
examination Mr. Delmas dofinitels
brought out the fact whereas Thaw wa,
suffering from ''storm and stress" wher
the allenist first visited him In Angus
last, his condition has since shown steady
and gradual improvement on October
when Thaw was more composed anc
deliberate"
This testimony was brought out in ins
with the contention of the defense that
while Thaw was insane prior 10 and al
the time. and immediately subsequent