Milford chronicle., 1907-03-08
JEROME CLASHES
WITH JUSTICE
Lively Tilt Enlivens Dull Session
of ThaW Trial.
EXPERT STILL ON THE STAND

New York, March 6.-Interest arous-
ed in the session of the trial Of Harry
X. Thaw by the announcement that
Mrs. William Thaw. the mother Of the
defendant, would take the witness
stand, was quickly dulled by the con-
tnued cross-examination of Dr.
Charles G. Wagner, one Of the alien
lists for the defense, by District Attor-
ney Jerome.
While decidedly dull in the matter
Of the testimony elected from the wit
ness, the session was made notable
by a clash between District Attorney
Jerome and Justice Fitzgerald, at the
climax of which the prosecuting Off
Ger refused point blank to cite to the
court the authorities upon which he
was predicating an argument Mr.. Je-
rome was requested by the presiding
Judge to submit to him whatever au-
thorities he had upon the subject.
II have such a high respect for the
courts of this jurisdiction" retorted
Mr.. Jerome, that I will not submit
authorities on a question of law which
which the authorities are so abundant
that must presume the learned court
knows of them"
With flushed face and a sharp rap
of his gavel, Justice Fitzgerald said
If the district attorney did not submit
the authorities the court would as
sumo that he did not know of any.
NIr. Jerome did not submit the au-
thorities, and Justice Fitzgerald ruled
in favor of the defense on the point
at issue, which, briefly stated, was the
question as to whether the state on
cross-examination should be allowed
to go further with an expert witness
than counsel for the defense was al
lowed to go upon direct examination.
District Attorney Jerome was as
defiant in his tone as he was in the
words he uttered. Justice Fitzgerald
raped several times with his gavel,
twisted about impatiently in his chair,
and it was plainly with much effort
that he retained his judicial cOmpos-
ure. The storm broke in the midst of
an extremely dull session, when some
of the spectators in the courtroom act
ually were nodding in their chairs.
During the unusual scene between the
Judge and Mr.. Jerome, however, there
was a hush in the room, which gave
emphasis to each word uttered, either
from the bench or by the prosecuting
attorney.
The incident began with an objec-
ton interposed by Mr. Delmas for the
the defense to a question asked Dr.
Wagner by Mr.. Jerome. The district
attorney wanted the witness to re-
peat certain conversations he had had
with Thaw in the TOmbs. Mr.. Del
mas protested that he had not been al
lowed to go into these conversations
on direct examination He was pro-
ceeding at some length to state the
position of the defense, when Mr.. Je-
rome interrupted with the remark that
argument did not call "for a stump
speech." Mr.. Delmas protested against
this offensive language" by the dis
trict attorney. Justice Fitzgerald in
terposed in the discussion. and Mr..
Delmas was soon lost to view because
of the turn affairs took.
During the course of his argument,
the district attorney placed himself
on record by saying that the legal
assumption before the court is that
Harry K. Thaw is insane. He declared
the alienists for the defense have
shown Thaw to have been insane as
late as September % last, and in the
absence of proof to the contrary the
assumption is that he remains insane.
Justice Fitzgerald declared that the
present jury only has to do with the
question of Thaw's sanity or insanity
on the night that he killed Stanford
White.
DR.. Wagner was allowed to give his
conversations with Thaw during the
period that he believed the defendant
to be of unsound mind. He said Thaw
remembered having approached and
having shot White. He protested,
however, that he had not intended at
any time to kill the man. but wanted
to have him legally punished.
DR.. Wagner also declared that Thaw
had irrational knowledge Of what was |
franspiring on the roof garden. He !
believed the mans insanity dated |
from the time Evelyn Nesbit told him |
her story in Paris in 1903. DR.. Wagner |
created quite a stir in court b -S.==