The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1907-03-07
JUDGE FITZGERALD
!. DEF|ED BY JEROME
PROSECUTOR REFUSES TO SUB
NIT AUTHORITIES.
ALMOST INSULTS COURT
Clash Enlivens an Otherwise Dull
session--Dr. Wagner, insanity
Expert, Still on the
Stand.

nouncement that Mrs. William Thaw,
the mother of the defendant, would
take the witness stand, was quickly
dulled by the continued cross-examina-
ton of Dr. Charles G. Wagner, one of
the alienists for the defense, by Dis
trict Attorney Jerome.
: Dr. Wagner was on the stand the
entire day and when adjournment was
announced the district attorney
seemed to have much ground yet to
cover with the expert
Mrs. Thaw was present in the wit
ness room waiting to be called, but
she may not be reached before late
Wednesday or Thursday morning.
Jerome Clashes with Court.
While decidedly dull in the matter
Of testimony elected from the witness,
Tuesdays session was made notable
by clash between District Attorney
Jerome and Justice Fitzgerald, at the
climax of which the prosecuting officer
refused point blank to cite to the court
the authorities upon which he was
predicating an argument. Mr.. Jerome
was requested by the presiding judge
to submit to him whatever authorities
he had upon the subject.
Il have such high respect for the
courts of this jurisdiction" retorted
, Mr.. Jerome, that | will not submit
authorities on question Of law which
is so elemental in character and upon
which the authorities are so abundant
that / must presume the learned court
Knows of them" p,
With flushed face and 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.
Mr.. Jerome did not submit the author
tiles 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.
EnIivens a Dull Session.
District Attorney Jerome was as de-
fiant in his tone as he was in the
words he altered. 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 morning session,
when some of the spectators in the
courtroom actually 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 to a
question asked DR.. Wagner by Mr..
Jerome. The district attorney wanted
the witness to repeat certain CONVEX
sations he had had with Thaw in the
Tombs. Mr.. Delmas protested that he
had not bfen allowed to go into these
conversations on direct examination.
He was proceeding at some length to
state the position of the defense when
Mr.. Jerome interrupted with the re-
mark that the argument did not call
"for stump speech" Mr. Delmas
protested against this offensive Ian
guage' by the district attorney. JUS
tice Fitzgerald interposed in the dis
cussion and Mr.. Delmas was soon lost
to view because of the turn affairs
took.
Puts Himself on Record.
During the course of his argument
the district attorney placed himself on
record by saying that the legal as
sumption before the court now is that
Harry X, Thaw is insane. He declared
the alienists for the defense have
shown Thaw to have been insane as
late as September 22 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 shot and 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 kin the man, but wanted
to have him legally punished.
In answering some of the questions
propounded by the district attorney,
DR.. Wagner said he was compelled to
use long names.
go ahead" said the prosecutor.
The expert proceeded. The official
stenographer squirmed and most of
the jurors laughed heartily.
II can't help it," explained DR.. Wag.
ner. as If in apology for the longest
name he uttered. Il know you can't"
said Mr.. Jerome. "You go right ahead
whenever you feel like it,"