The Montgomery advertiser., 1907-03-06
Jerome and Judge Engage
 In Dramatic Battle of Words.

Wagner with spirit T am telling the truth"
 Justice Fitzgerald rapped with his gayei and ordered all the remarks stricken from the records.
 An epileptic may have done these things" continued Dr. Wagner, but no single thing points to epilepsy. Z" Mfr. Jerome next directed the witt ness to tell all that the defendant said to him in the Touibs regarding the subject Of epilepsy In the family.
 MT. Delrnas objected to the question on the ground that 1t was broad. pr. Wagner's direct testimony having been confined to the first three visits to Thaw when the witness was of the opinion the defendant was insane. tThis is most unusual thing" said District Attorney Jerome for scien- tific witness to try to exclude facts. l am entitled to ask broad questions to test the credibility of this witness as an honest man.
 MT. Delmas declared District Att torney Jeronfe's questions were too broad
 T have ruled again and again on this question:, said Justice Fitzger- aid The testimony as to this defen- dant's statements in the Tombs were admitted on the ground that they "efe HidQe at tiine when HS was iH- sane. Up to now we have not gone outside the field thus laid down.
 MT. Delmas was proceeding with his argument. saying that when the trial began the defense offered to waive any privileges 1t might have as to obstructing the truth or the falsity of Mrs. Evelyn Thaw's story. Mir. Je- rome interposed.
 stump Speech Unnecessary.
 s1x,.f. issue.' he said. Tt does not call for stump speech.
 Mir. Delmas seemed taken aback for moment. Then he said.
 These offensive remarks Of the learned district attorney tend to low CT the standard of the court.
 He first indulges in his offensive remarks against the witness,p con- tinued Mf. Belrnas, "anA now he di- rects them at counsel. They will not aid the court or the jury in arriving at a verdict in this case Y
 Justice Fitzgerald pounded several times with his gayei, but Mir Deffnas Eaid no heed until he had finished his remarks. When this case began. said Mir. Jerome in reply, your honor ruled that. every act and every declaration of the defendant prior to the commits sion of filis offense was admIssible as bearing on whether he was of sound or unsound mind. But after the act was committed the general principle applies that the declarations of the prisoner in his own defense could not be admitted until preliminary proof was offered which satisfied your honor that the defendant was of unsound mind when he made the statements. Then -they were admissible as being facts on which the experts had based their opinions.
 Tt is a Fundamental rule of law that a condition once proved continues until the contrary is shown. pr. Ev- ans has stated positively that on his third visit to the T6nabs this defen- dant was insane and in view of that your honor allowed his conversations and his acts at that lime to be admit ted because on these conversations and acts the alienists had based their opifl- ions of his condition, There is noth- ing in evidence to show that there has been any change in this condition, that the insanity has disappeared in fact, quite tho contrary is shown
 When the doctors first went on the stand they were questioned about the defendants mental state and their an- swers made the conversations admis- sible and after the foundation was properly laid and made no objections to their Introduction. But counsel wholly refrained from any questions regarding anything but the first three visits.
 T have. to submit. the right to show the conversations at the other five visits under these circumstances, for the most the doctors have done was to say he was improvins--not that he has recovered"
 What Is the legal assumption be- fore the court? interrupted Justice Fitzgerald.
 The legal assumptions" declared the district attorney, lis that this de- fendant is insane in view of the evil dence and the grounds for assuming that the insane condition as testified to has centinued.s
 Mr. Delmas--'Do you admit that this defendant was insaneT'
 T admit nothing said Mir. Jerome. T say that as the evidence stands this man is insane is shown to be in- sane"
 Here Justice Fitzgerald again took hand in the argument and pRecipita- ted q situation as dramatic as ever was witnessed in a New York court.
 was this Jury empanelled for any other purpose than to try to deter mine whether or not this defendant
  last?' he said.
 tf'Your honor surely is not seeking Information on thai point" replied Mr. Jerome
 T am seeking to know what the authorities are for proofs as to the \ present sanity of the defendant and the scope of this jury's duty" said Justice Fitzgerald
 T will not submit any such authorf. ties" said District Attorney Jerome, doggedly.
 Are there any such authorities asked the judge.
 They are so elemental and so abun- | dant, retorted Mir. Jerome, that am forced to assume that they are fa- miliar to the court"
 Then you decline to furnish this court with the authorities requested?' demanded Justice lttxgerald.
 T have such high respect for the courts of this jurisdiction," said MT. Jerome. "that will not submit author ities on a question of law so elemen- tall"
 T would have you understand. MT. District Attorney" said the judge with a sharp rap of his gavel, "that 1t Is the duty of; the court to construe and declare the law and. if you have any authorities 1t is your duty to sub- init. them. will assume that if you do not present them you do not know of any"
 r. your honor will allow, will con- tinue my argumentD said Mr. Jerome. "Dr Evans said that only on the last five visits the defendants con- dttion was improving. Your honor has