The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-03-06
JEROME TRIES TO
BLUFF THE COURT
Refuses to Cite Authorities on
a Question Which He De-
ClareS Elemental.
JUSTICE RED IN THE FACE
DEFENSE GETS BENEFIT OF THE
RULING.

New York, March 5.-Interest aroused
in today's session of the trial of Harry
K. Thaw by the announcement that
Mrs. William Thaw, mother Of the de-
PENDANT, would take the witness stand
was quickly dulled by the continued
cross-examinaIioI ot DR.. Charles G.
Wagner, one of the alienists for the de-
Tense. by District Attorney Jerome DR.
Wagner was on the stand all day, and
when adjournment was announced the
district attorney seemed to have much
ground yet TO cover with the expert
meat.
Mrs. Thaw was present in the wit
ness room today waiting to be called,
but she may not be reached before late
tomorrow or Thursday morning.
Quarreled With the Court.
While decidedly dull in the matter of
testimony, today's session was made
notable by a clash between District At
torney Jerome and Justice Fitzgerald,
at the climax of which the prosecuting
attorney refused point blank to cite to
the court the authorities upon which he
was basing his argument. Mr.. Jerome
was requested by the presiding judge
TO submit to him whatever authorities
he had upon the subject.
Il have such i high respect for the
court of this jurisdiction" retorted Mr.
Jerome, that 1 will not submit au-
thorities on a question of law which
is so elemental in character and upon
which the authorities are so abundant
that I must presume the learned court
knows of them"
RtrIfno Co. noSor-.
With flushed face and with a sharp
rap of his gavel, Justice Fitzgerald
said If the district attorney did not sub
nit the authorities the court would as
sumo that he did not know of any Mr..
Jerome did not submit 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 ex-
pert witness than counsel for the de-
Tense was allowed to go upon direct ex-
animation.
District Attorney Jerome was as de-
FAINT in his tone as he was in the
words ne uttered Justice Fitzgerald
raped several times with his gaveI,
twisted about impatientiy in his chair.
and it was plainly with much effort
tbdI ic ice1hsSo HAS JuuiCisai SOiupOSufS-
DeImss Objected.
The incident began with an objec-
ton interposed by Mr.. Delnas to a
question asked DR.. Wagner by Mr.. Je-
rome. The district attorney wanted
the witness to repeat certain converse
lions he had had with Thaw in the
Tombs. Mr.. Dellnas 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.. 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.
insanity Question.
During his argument the district at
torney placed himself on record by
saying that the legal assumption be-
fore the court today is that Harry h
Thaw is insane.
Justice Fitzgerald declared the pres
ent jury only has to do with the ques-
ton of Thaw's sanity or insanity on
the night that he shot and killed Stan
ford White
Much of the day was given over to
technical questions concerning the
mental and physical examination Thaw
was subjected to in the Tombs by Drs.
Wagner and Evans. During some of
the long explanations offered by the
alienists Mr.. Jerome walked the floor
freely, and once sat down near the
and entered into con-
versation with them.
Used Technical Terms.
In answering some of the questions,
DIR. Wagner said he was compelled to
use long names. $50 ahead" said the
The expert proceeded. The
official stenographer squirmed and
most of the jurors laughed heartily
81 can't help it," explained DR. wag-
ner, as il in apology for the longest
name he uttered. II know you can't"
said Mr. Jerome. You go right ahead
n - "a