The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-02-07

feels to be his duty in the matter We
will later attempt to prove the contents
of the note"
McCaleb detailed so far as he could
the incidents of the night of the Tragedy.
He was leaving the roof garden WIN
Mrs. Thaw and thought Harry was loi-
lowing when the shooting occurred
II came out during the redirect exam
ination that McCaleb had met Mr.. Je-
rome some months ago at the Union
club and discussed the case with MN.
The witness answered questions TO "hch
the district attorney had taken exception
and in which he had been upheld py the
court. Mr.. Jerome fiared up IN rage
Jerome Sarcastic.
'Why did you do that?" he demanded.
81 call the courts attention TO tnls
man-this literary person-who says ne
has written two books-coming here and
answering questions to winch there 10
objection. 1t is indecent.
Mr. Jerome again took the witness.
you say you met me at the Union
club; now, how many drinks had yo"
had that night?' >,
.I don't know-I had one with you,
came the reply, and it was sometime pe-
fore the bailiffs could restore order IN
the court room.
Justice Fitzgerald threatened to remove
INV nerson who again created disturb
ance The court room was crowded at
the time. many gaily dressed women nav
ing been admitted by the court oiiicefs
during the luncheon recess.
For the first time since the trlal be-
ean the court officers seemed to have
lot down the barriers to the idly Gu
rious.
Or John IT, Deemar, who was on the
stand Yesterday. but not allowed to testi-
fv was recalled today, and testihed that
Henry W. Copely, the defendant uncle,
on the maternal side, had been insane
Mr. Jerome declared 1t should hrst be
shovn that Harry Thaw was insane oy
competent evidence, and it must turther
he nroved that the character of his in
sanity is hereditary. Then, he declared,
and not until then, could the corroDora-
five testimony as to insanity in the col
lateral branches of the family be placed
before the jury.
Justice Fitzgerald sustained the ais
trict attorney and Mr.. Delmas said ne
would conduct the case accordingly.
The Countess of Yarmouth and Mrs.
George Lauder Carnegie. Thaw's sisters.
were in court today and took Keen
interest in all the proceedings. When the
witness Boman testified as to the epitnet
Stanford White used in speaking OF the
man he intended to XIII pY daylsht
Justice Fitzgerald said he would give all
those in the court room whose sense or
propriety might be offended the oppor-
tunity to withdraw. The countess and
Mrs. Carnegie went out, but returned
in less than five minutes.
Thaw seemed in excellent spirits
throughout the day. He appeared to en-
joy the wordy conflicts between Mr.. Del
mas and the district attorney, and smiled
broadly several times.
Demas Takes Charge.
When the court session began Mr.. Je-
rome stated that on adjournment yester-
day the point was pending to the ad-
mission of certain testimony by a wit
ness who was about to state a conversa-
tion held with Thaw in January. 1904.
The court had sustained the objection
to the question interposed by the district
attorney. but had invited the citation of
authorities. Mr.. Jerome was reading from
a case which he had applied. when At
toruey Dolphin NJ. Delmas arose and sug-
gested that a witness be placed on the
stand before the continuation of the pro-
ceedings.
1t then became known that Mr.. Delnas
was to assume active charge of the case,
which was handled yesterday by Mr..
leason
1t was said Mr.. Delmas had delivered
an ultimatum that he would withdraw
from the case unless given a free hand
In conducting the fight for Thaw's Life.