Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1907-03-07
FITZGERALD AND
JEROME CLASH
ATTORNEY REFUSES 70 CITE
COURT AUTHORITIES
RULES FOR THE DEFENSE
Owing TO Prosecutors Refusal Court
Did Not Allow Him to Go Farther
With Expert Witness Than Old
Counsel for Defense-Direet Exon
jnation.

New York March 6.-lnteresU
aroused in yesterdays session OF the
rhaw trial by the announcement that
Mrs. William Thaw, mother OF the
defendant, would take the witness
stand, was quickly dulled by the
continued crosseNamiuauon of Or
| Wagner, one of the alienists for the
defense by District Attorney jerome
! Wagner was on the stand the entire
/ day and when adjournment until to,
/ day was announced the district attor
4 uey seemed to have much ground yet
/ to cover with the expert
Mrs Thaw was present in the wit
/ ness room yesterday waiting to be
/ called. but she may not be reached
] before late today or tomorrow
/ While decidedly dull in the matter
of testimony elected from the Wit
ness, yesterdays session was made
notable by clash between Jerome
and Justice Fitzgerald. at the climax
Of which the prosecuting officer re-
fused point blanl, to cite to the court
authorities upon which he was prcdi.
eating an argument Jerome was
requested by the presiding Judge to
submit TO him whatever authorities
he had upon Che subject
Il have such high respect for the
courts OF this jurisdiction" retorted
Jerome. that | will not submit au-
thortues on a question of law which
is so elemental in character aud up
on which authorities are so abundant
that | must presume the learned
court knows of them"
Rules for Defense.
With a flushed face and sharp ran
Of the gayel Fitzgerald said if the
district attorney did not submit au-
thorties the court would assume that
he did not know of any. Jerome did
not submit the authorities and Flty-
gerald ruled in Gavor of the defense
on the point at issue, which, briefly
stated, was the question as to whe,h-
er the state on crosseXaminaton
should he allowed to 80 further with
the expert witness than counsel for
the defense was allowed to go upon
direct examination
jerome was as defiant in his tone
as he was in the words he uttered
Fitzgerald raped several times with
his gavel twisted about impaHenty
in his chair, and It was plainly win
much effort that he retained his
judicial composure. The storm
broke in the midst of an extremely
dun morning session, when some Of
the spectators in the court room were
actually noddng in their chairs
During the unusual scene between
the Judge and Jerome, however.
there was a hush in the room which
gave emphasis to each word uttered
either from the bench or by the pr)s-
eCuting attorney,
Objects TO Stump Speech"
The incident began with the objec-
ton interposed by Delmas to a ques.
'iNil ha'NNh w u0lNl ny JtlDllt. no
district attorney wanted the witness
to repeat certain conversations he
had bad with Thaw i'm the Tombs.
Delmas protested that he had not
been allowed to 20 INTO these CONVEX
sations on direct examination lie
was proceeding at some length to
state the position Of the defens
when Jerome interrupted with the
remark that the argument did not
call for a stump speech" Delmas
protested against this "offensi re Ian
guage" by the district attorney JUS,
tice Fitzgerald interpOsed in the dis
cusson and Dormas was soon lost to
view because OF the turn Of affairs.
During the course Of his arcu.
ment the district attorney placed
himself on record by saying that tag
legal assumption before the court to-
day is that Harry r. Thaw Is insane.
He declared the alienists for the De
Tense have shown Thaw 10 have been
insane as late as September %. last.
and in the absence Of proof to the
contrary the assumption IS that he
remains insane
Fitzgerald declared that The present
jury only has TO do with the question
Of Thaw's sanity or insanity on the
night he shot and killed White.
Wagner was allowed 70 give hts
conversations with Thaw during The
period he believed the defendant to
be Of unsOund mind He said Thas
remembered haying approached and
having shot White He protested
however be had not intended at an,
time 20 kjJ tho man. but wanted 10
have him legally punished
Much Of the day was given over d