The free lance. (Fredericksburg, Va.) 1885-1926, 1907-02-14

took executions 20 certain statements
OF the prosecuuug officer and hal in.
serted i'm the record of Che case "a pro-
test against ~thc misconduct Of The
learned district attorney
Mir. Jerome holly accused The de
fandants counsel Of trying 90 inSiil'
into the minds of the jury the implied
suggestion that the operation per
formed upon Evelyn Nesbit In 1908.
before Thaw took her 20 Europe was
"of a criminal nature when. "as
matter of fact" he said. "it was for
appendicitis
Nr pclmas called the attention on
Justice Fitzgerald TO this. saying that
the district attorney was stating facts
not In evidence and that "a very seri-
Gus exception must be taken 90 his r.
marks
send the jury ont Of the room Il
You want 10. exclaimed Mr. Jerome
@hut | am goius TO get this thing
straight I am not going 20 have these
false impressions fostered before this
iirv and In the mind of the witness.
~ Bnuou p Evans OF the state
Hosniral Tor the Insane at Morris
Plains y J.. was the witness. and he
testified that he was OF the opinion
that Harry Thaw was insane ar the
time OF the tragedy He had been
called upon 20 answer a long hypo-
thetical question. in which reference
had been made 20 "a serious if not
capital operation" upon Miss Nesbit.
when the storm between counsel
broke
Nr. Jerome seemed thoroughly
wrought up. Mr. Delmas did not FOR an
instant lose HIS calm demeanor but
he gave emphasis and force 10 his
words new 10 his hearers Mr. Jerome
said he would withdraw objection TO
the term capital operation 81 Mr..
Delmas would give him the word o!
counsel that they did not know the
nature OF the operation Mr Delmas
gave his word that he did not know IFS
nature.
But you may consult with counsel
suggested Mr. jerome.
q do not care 10 do that replied
Mr.. Delmas 1T is not essential
All cried the district attorney IN
loud voice. then you do want 10
make this insinuation.
"Thc district attorney strangely 'or-
gets his character and position when
he charged me with an attempt TO de-
ceive." retorted Mr. Delmas with more
feeling in his voice than al any time
during the trial He must upon de-
liberation see the injustice Of his i'm.
piled discourtesy."
81 see injustice plainly" retorted
Mr. Jerome, but not in my remarks.
During the tilt Mr Delmas inquired
of the district attorney as TO how ne
came into possession Of knowledge as
10 the character Of the operation upon
Miss Nesblt without a violation Of a
confidence. Nj Jerome said he had
been told of it by Miss Nesbits
fnOINRT. " tluH bfi oiii' ifAi'ff'+' ''
first lime that the district attorney is
in possession of a long statement by
Mrs. Holman. who now is in Pitts
burg but who It has been reported
from time 10 time might be called as
a witness By the state in rebuttal
Dr. Evans was by far the most sat
isfactory expert witness 10 the de-
Tense thus far produced He detailed
TO the jury his observations and ex
aminations Of Harry Thaw during
eight visits 10 the prisoner in the
Tombs. and declared IL to be his opin.
ion that Thaw was suffering from "a
brain storm or an explosive or fulmi
mating condition of mental unsound-
ness" at the time he shot and killed
| stamford White