The Birmingham age-herald., 1907-03-06
Jerome is Defiant and Clash With Justice Fitzgerald is
 Pfecipitated By De|mas
REFUSES ID CITE AUTHORITY
 HE BASES ARGUMENT ON
District Attorney Says Evidence Shows ThaW Is Still lnsane-Dramatc Situation In Court-Deln7as
 Objects 10 Language.


 In today's session of the trial of Harry K. Thaw by the announcement that Mrs. William Thaw, mother of the defendant, would take the witness stand was quickly duled by tho continued cross-eXamination of pr. Charles G. Wagner, one of the alienists for tho defense, by District At torney Jerome. Dr. Wagner was on the stand the entire day and when adjourn ment until tomorrow was announced, tho 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 before late tomorrow or Thursday morning.
 Todays session was made notable by q 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 au- thor upon which he was predicating an argument MT. Jerome was requested by the presiding judge to submit to him whatever authorities he had upon the subject.
 "I have such a high respect for the courts of this jurisdiction" retorted MT. Jerome, that l will not submit authori- ties on a question of law which is so elemental In character and upon which the authorities a,t sJ nbunGant -tttst | must presume the learned court knows of them"
 With flushed face and sharp rap of his gavel Justice Fitzgerald said lf the district attorney did not submit the au- thorties the court would assume that he did not know of any. MT. Jerome did not submit the authorities and Justice Fitzgerald ruled in favor of the defense on the point at issue. which, briefly stat ed, was tho question as to whether the state on cross-eXaminat tion should be al- lowed to 30 further with an expert wit ness than counsel for the defense was allowed to go upon direct examination.
 District Attorney Jerome was as defiant in his tone as he was in the words he uttered. Justice Fitzgerald rapped sev- oral times with his gavel, twisted about impatently in his chair. and it was plainly with much effort that he retained his judicial composure. The storm broke in the midst of an extremely dull morn- ing sesison when some of the spectators in the courtroom actually were nodding in their chairs
 The incident began with an objection by MT. DelnlhS to a iutStiou dShtu UT. Wagner by Mr. Jerome The district at torney asked the witness to repeat certain conversations he had had with Thaw in the Tombs. Mr. Delmas protested that he had not been allowed to go into thess conversations on direct examination. Ho was proceeding at some length to state the position of the defense when MT. Je- rome interrupted with the remark that the argument did not ''call for stump speech
 MT. Deimas protested against this "of- fensive language by the district att tOrney."
 Justice Fitzgerald interposed in the dis cusslon, and AIr Delmas was soon lost to view because of the turn affairs took. During the course of his argument the district attorney placed himself on record by saying that the legal assumption be- fore the court today is l1ary K. Thaw IS insane He declared the allenists for the defense have shown Thaw 10 have been insane as late as September %. and In the absence of proof to the contrary. tbe assumption is that he remains insane.
 Justice Fitzgerald declared that the present Jury only has to do with the ques- ton Of ThaW's sanity or insanity on the night that he shot and killed White.
 pr. Wagner was allowed to give his con versations with fhaw during the peflou that he believed the defendant to be or ,msound mind. He said Thaw remem- hered having approached and having shot White He protested however, that he had not intended At any time to XII the man. but wanted to have him legally punished.
 Tn answer 10 some of the questions pro- nonnded by the district attorney, Dr. Wagner said he was compelled to use
 Go ahead" said Mir. Jerome.
 The expert proceeded. The official stenographer squlTmed and most or the jurors laughed heartily
 "I cannot help it. explained pr. Wag- ner. as if In apology for the longest name he uttered.
 oI know you can't, you go right ahead whenever you feel like 1t. said MT. Jerome.
 The prospects that Mrs. William Thaw, the white-haired mother of the defendant. might be a witness today at the triai tended to revive interest.
 pr. Charles G. Wagner, superintendent of the state hospital for the insane at Bingharnpton, N. Y., was recalled to the stand and his cross-examination con- tinued.
 District Attorney Jerome began hy reading the latter part of Dr. Wagners testimony yesterday regarding the char acteristics of the brain storm 80 as to take up the line of questioning where fl was left off. The witness yesterday referred MT. Jerome to an instance or brain storm cited in one of the medical authorities Today the prosecutor asked if the alIenist knew of any other re- ported case of brang storm.
 pr. Wagner said he could not recall any off-hand.
 Thaw. who had brought his customary batch of letters into court With him. after d brief whispered conversation with some of his counsel proceeded 10 read }, large number of epistles. He then took a large pad out of one of his big en-