Omaha daily bee., 1907-03-06
JEROME AND JUDGE CLASH
Sensational Scene PreOipitatsd in the Trial
Of Harry Thsw.
ATTORNEY PRACTICALLY DEHEs COURT
Asked TO Cite Authorities 20 support
Statement of the Law and FIatlV
Refuses 60 Do So, Saying They
Are Too Elemental.

NEW YORK. March 5.-Interest aroused
in today's session of the trial OF Harry
X. Thaw by the announcement that Mrs.
William Thaw, mother Of the defendant
would take the witness stand. was quickly
dulled by the continued cross examination
Of DIR. Charles @. Wagner, one of the
alienists for the defense, by District At
torney Jerome DIR. Wagner was on the
stand all day and when adjournmeut was
announced the district attorney seemed to
have much ground yet to cover with the
expert.
Mrs. Thaw was present in the witness
room today waiting to be called, but she
may not be reached until late tomorrow
or Thursday morning. While decidedly dull
in the matter Of testimony today's session
was made notable by clash between Dis
trict Attorney Jerome and Justice Fitzger-
aid at the climax OF which the prosecut-
ing 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.
IT have such a high respect for the courts
Of this jurisdiction" retorted Mr. Jerome.
''that will not submit authorities on a
question Of law which is elemental in
character and upon which the authorities
are so abundant that 1 must presume the
learned court knows of them"
Ruling for Defense.
with flushed face and sharp rap OF his
gavel, Justice Fitzgerald said II the dis
trict attorney did not submit the authori-
ties the court would assume that he did
not know OF any. Mr.. Jerome did not sub
NIT the authorities and Justice Fitzgerald
ruled in favor OF the defense on the point
at issue, which 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 de-
fense was allowed to go upon direct ex-
animation.
District Attorney Jerome was as defiant
In his tone as he was in the words he ut
tered. Justice Fitzgerald raped several
times with his gavel, twisted about i'm
patiently in his chair and It was plainly
with much EFFORT that he retained his judi
cial composure.
The incident began with an objection in
| terposed by'Mr Delmas to a question asked
! Dr. Wagner by Mr.. Jerome. The district
attorney wanted the witness to repeat GER
tain conversations he had had with Thaw
in the Tombs. Mr.. Delmas protested that
he had not been allowed to go Into these
! conversations on direct examination. He
was proceeding at some length to state
the position of the defense when Mr.. Je-
rome interrupted with the remark that the
argument did. not call for stump
! speech" s -..-
Mr.. Delmas protested against this Often
! sfve language" by the district attorney
Justice Fitzgerald interposed in the discus
sion ana. Mr. Delmas was soon lost to
view because of the turn affairs took.
During his argument the district attorney
placed himself record by saying that
the legal assumption before the court today
is that Harry X. Thaw is insane.
Justice Fitzgerald declared 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.
Examination is Technical.
Much of the day was given over to tech
nical questions concerning the mental and
physical examinations to which Thaw was
subjected in the Tombs by Drs. Wagner
and Evans. During some OF the long ex
plantations offered by the alienist, Mr.. Je
rome walked restlessly to and fro anc
once sat down near the newspaper mer
and entered into conversation with them.
In answering some of the questions DR.
Wagner said he was compelled to use Ions
names,
Go ahead" said the prosecutor.
The expert proceeded The official stem
ographer squirmed and most of the jurorl
laughed heartily.
II can't help it," explained DR.. Wagner
as II in apology for the longest name h'
uttered.
'T know you can't" said Mr.. Jerome
"You go right ahead whenever you fee
like It,"