The Washington herald., 1907-03-06
ATTORNEY AND JUDGE CLASH
Justice Fitzgerald CompeIs state
ment that No DiScOurfesy Is Meant.
Lively Encounter Results from At
tempt TO Introduce New Testimony
in Cross-examination of Wagner.

Justice Fitzgerald what seemed TO some
observers a very fair opportunity for de-
claring him to be in contempt of court.
As it was. the district attorney skated
over some tolerabIy thin and slippery ice.
The outbreak came when jerome was
trying to yet the court to rule that Dr.
Wagner must tell everything that Thaw
had said to him in the Tombs. Delmas OBJ
jected promptly, saying that the direct
examination had been confined 10 stating
the conversations had with Thaw on the
first three visits OF the doctors and that
the cross-examination could not be any
wider than the direct examination.
Attacks Lawyer DeImss.
In the course Of his argument. Jerome
testify described Delmas' objection as a
stump speech which brought out a COM
plant from the Californian, expressed in
his most orotund manner.
The district attorney went on TO say
that the legal presumption that condi-
ton established by evidence continued un-
iii il was proven TO have altered was "an
elementary proposition Of law laid down
In every general textbook on the sub
ject OF evidence that ever was written.
His further argument Was occasionally
interrupted by remarks from the court
which Jerome evidently regarded as
showing that the court was going to rule
against him At any rate, the longer he
talked the higher rose his voice and the
more irritation ne displayed. and when
the court made another inquiry. he biurted
out;
And so. your honor is going to rule
81 am not saying what 7 am going 10
do. You go on and argue said the
court, shortly.
Jerome said that the legal presumption
was ,hat Thaw was now insane.
Judge Gets IronIcaI.
Are these jurors empaneUed 10 decide
anything except the question OF insanity
or sanity on the night Of the homicide
inquired the court with q touch OF irony.
That seemed 10 got way under the dis
trict attorneys skin. and he asked in the
voice Of one who IS astounded:
rs your honor seeking information
from me on this SUBJECT" Justice Fitz-
gerald flushed and rstorted.
Il am not seeking information. am
directing your attention The indictment
charges an ofense committed az given
time As / understand il. the question OF
insanity is introduced here for the pur-
pose Of showing that at that time the
defendant was insane and that is the
limitation within which the trial on this
Indictment has got 20 continue"
NE, sir. I VIII not submit 20 any court
of law before which appear any author
tiles TO support that doctrine OF the pre-
sumption OF continuance Which ] have
enunciated
"WcB, are there no authorities in
quired Justice Fitzgerald, with knitted
brows
They are so abundant, so elementary
replied the district attorney firmly. that
l am forced 20 assume that the court viii
take judicial notice OF them, and 1 will
not submit them
You decline then" persisted the court
to submit any authorities on the ground
that they are So abundant"
NO, sir; that is not correct, objected
Jerome hastily.
No DiscOurtesy TO Court.
L presume there is no discourtesy "a
the court meant his honor next in
quired, fixing a steady gaze on the dis
triCt attorney. while everybody held his
breath SO as not to miss a word OF thu
reply. Jerome paused a moment. ss il
he realized that he was in position from
which il would be hard to extract himself
without some sort of compromise But
there wasn't much Of compromise to be
detected in his answer.
There is no discourtesy intended, sir =
he said. at length 1T is the reverse. Il
7 is because I have respect for the court
that I viii no; submit 10 IL authorities
( upon a proposition so elementary.
This assurance the court accepted al il!
/ face value, remarking. all the same. tina,
/ If the district attorney submitted no au
/ thorities the court would assume it va.
/ because he had none.
/ Jerome apparently thought he had done
all the skating il was wise to do in view
4 Of the thinness OF the ice. Anyhow. HI
made no reply and went on with the
routine examination
DeImas Objection Sustained.
Delmas persisted In the objection that
caused all the fuss. and Justice Fltz-
gerald promptly sustained it. The entire
day was spent IN continuing the cross
examination Of Or. Wagner. \ larg,
psr- Of the witnesses testimony was cor
roDOratiye OF Dr. Evans statements re-
garding What TBaw ssid in the Tomb.
and what examinations the doctors mad,
of the defendant. A good deal of ii had
to dc with bTaiHst0Tms. and Dr.. Wagner
said that he approved Of Dr. Evans des.
| ignation by that phrase Of the kind Of
| insanity Thaw WAS suffering when n
! killed White
Aside from the sharp passage between
Justice Fitzgerald and Jerome it was =
| tiresome affair in which little progress.
| seemed TO have been made.
Congressman Charles +. Titjlefeld. OF
Maine, on his way home from Congress
dropped into court for a little much
needed rest He found the proceedings SC
soothing that i'm the afternoon he Eel
sound asleep In his chair inside the rail
Another visitor was Mr.. FUjito Onose
| the proprietor of Japeuesc newspaper
called the Toxic Niroku. He speaks good
1 English, and said be came to see the
/ workings of an American court for the
4 first time
Mrs William Thaw will probably bt
icalled 10 the stand when Jerome gets
through with Or. Wagner. if that time
| ever comes.