The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-05
COURT is DEFIED.

Continued from Page One-)
at ISSUE" he said. sit does not call for
a stump speech
Mr.. Delmas seemed taken aback for
a moment, Then he said: These Of
fensive remarks of the learned district
attorney tend to lower the standard of
the court.
He first INDUCED in his offensive
remarks against the witness" con-
tinued Mr.. Delmas. And now he d.
reefs them at counsel. They will not
aid the court or the jury in arriving at
a verdict in this case
Justice Fitzgerald pounded several
times with his gavel, but MI DeImas
paid no heed until he had finished his
remarks.
when this case began" said Mr.:
Jerome in reply, your honor ruled
that every act and declaration of the
defendant prior to the commission of
this offense was admissible as bearing
en- whether he was of sound or I'M
sound mind. But after the act was
committed the general principle APP
plies that the declarations OF the pris-
oner 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. Ihal
they were admissible as being facts on
which the experts had based their
opinions.
ut is a fundamental rule of law
that a condition once proved continues
until the contrary is shown Dr Evans
has stated that on his third visit to the
Tombs this defendant was insane and
in view of that your honor allowed his
conversations and his acts at that time
to be admitted because of these con-
versations and acts the aIienists had
based their opinions of his condition
There is nothing in evidence TO show
that there has. been any change IN this
condition, that the insanity has disap-
TO he
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 after the foundation was properly
laid and made no objections to their
Introduction. But counsel wholly re-
Trained from asking any questions re-
garding anything but the first three
visits.
IT have the right to show conversa-
lions at the other five visits under
these circumstances, for the most the
doctors have done was 10 say ne was
improving-not that he has recoy-
cred eve pa
The Court Interfercs.
What is the legal assumption be-
fore the court2's interrupted Justice
Fftzeerafd ciEnI t7i-re ft4e- -so.
THE legal assumption" declared the
district attorney, lis that this defend
~
and the grounds for assuming that the
insaneV conditions as testified to have
continued"
Mr. DeTmas: do you admit that this
defendant was insane?''
Il admit nothing" said Mr.. Jerome.
II say that as the evidence Stands this
man is shown to be insane"
Here Justice Fitzgerald again took
a hand in the argument and precipita-
ted situation as dramatic as ever was
witnessed in a New York court.
WAS this jury empaneled for any
other purpose than to determine wheth-
er or not this defendant was insane on
the night of June rs, last?' he said.
Your honor surely is not seeking
information on that point?" replied
jerome.
II am seeking Is to know what the
a authorities are for proofs as to the
present sanity CT the defendent and
the scope of this jury's duty" saic
Justice Fitzgerald:
Il will not submit any such authori-
ties" said District Attorney Jerome
doggedly. s--.....,.-,
Are there any such authorities?'
They are so elemental and So abund-
ant retorted Mr.. Jerome, that 1 am
forced to assume that they are familiar
to the court.
do you decline to furnish the court
with the authorities requested?" de-
man6ed Justice Fitzgerald.
II have such high respect for the
courts of this Jurisdiction" said Mr..
Jerome, that L will not submit auth
critics on a question of law so elemen-
tai"
Calls jerome Down.
81 would have you understand, Mr..
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, it is your duty to submit
them. 1 will assume that If you do not
present them you do not know of any"
IF your honor. will allow I will con-
tinue my argument said Jerome. DIR.
Evans said that only on the last five
visits the defendants condition was i'm
proving. Your honor has admitted the
on the first three visits as
throwing light on the defendants con-
dition and on the same ground 1 ask
you to admit the conversations on the
last five visits
MI Jerome, whose earlier argument
had been imprisoned and dramatic.
lowered his voice in the second portion
of his address and ended with a bow
to the court. 7fI
what is the. objection before the
court?" asked Justice Fitzgerald. Mi.
Delmas said he objected to the district
attorney going any further on cross
examination than counsel for the de-
tense was allowed to go on direct ex-
animation. SCI
objection sustained" ruled the judge
sternly.
Mr.. Jerome than again questioned tic
witness.
Marriage May Be Void.
New York March St is probable
that Mrs William Thaw. mother of
Harry K. Thaw, will take the stand in
the Thaw trial today for the purpose
of doing what she can to save her son
from the consequences of the death of
Stanford White
Mrs. Thaw's testimony can be. of
little value except insofar as it may
tend to show that in his youth her son
was of a very nervous temperament. |
and that he suffered from various |
nervous diseases as a child. 1t has
been said that she will also testify to |
a strain of insanity in her family. but |
her evidence in this line can not be Of