The free lance. (Fredericksburg, Va.) 1885-1926, 1907-03-07
CLASH N THAN TRIAL
Lively Tilt Between Jerome and
Justice Fitzgerald.
EXPERT STILL ON THE STAND

The District Attorney Declares That
Shaw ls Insane. and That the
Defense Has Offered No Proof to
the Contrary.
New York. March 6.-lnterest arous-
I'd in the session Of the trial OF Harry
X. Thaw by the Announcement that
Mrs. William Thaw. the mother OF the
defendant would take the witness
stand. was quickly dulled by the con
tinued cross-examination OF Dr.
Charles G.. Wagner, one OF the alien
lists for the defense, by District Attor-
ney Jerome.
While decidedly dull in the matter
OF the testimony ELECTED from the wit
ness. the session was made notable
by a clash between District Attorney
Jerome and Justice Fitzgerald, at the
climax Of which the prosecuting ON
Ger refused point blank to cite TO the
court the authorities upon which he
was pred'"ating an argument. Mr.. Je-
rome was requested by the presiding
Judge 10 submit 10 him whatever au-
thorities he had upon the subject
81 have such q high respect for the
courts Of this Jurisdiction. retOrted
Mr.. Jerome. that | will not submit
authorities on a question Of law which
is SO elemental In character and upon
which the authorities are so abundant
that / must presume the learned court
knows OF them"
With flushed face and a sharp rap
of his gavel. Justice Fitzgerald said
II the district attorney did not submit
the authorities the court would as
sumo that he did not know OF any.
Mr. Jerome did not submit the au-
thorities and Justice Fitzgerald ruled
in favor Of the defense on the point
at issue. which. briefly stated. was the
question as to whether the state on
cross-exsmination should be allowed
to 60 further with al expert witness
than counsel for the defense was al
lowed To 10 upon direct examination.
District Attorney Jerome was as
defiant in his tone as he was in the
words he uttered. Justice Fitzgerald
raped several times with his gayel,
twisted about impatiently In his chair,
and II was plainly with much effort
that he retained his judicial compos-
IRE. The storm broke in the midst OF
an extremely dull session, when some
OF the spectators in the courtroom act
ually were nOddng In their chairs.
During the unusual scene between the
Judge and Mr.. Jerome. however, there
was a hush In the room. which gave
emphasis to each word uttered. either
from the bench or by the prosecuting
attorney.
The incident began with an objec-
ton interp0sed by Mr.. Delmas for the
the defense to a question asked DIR.
Wagner by Mr.. Jerome The district
attorney wanted the witness to re-
peat certain conversations he had had
with Thaw in the Tombs. Mr. Del
mas protested that he had not been al
lowed to go into these conversations
on direct examination He was pro-
ceeding Al some length TO state the
position OF the defense. when Mr.. Je-
rome interrupted with the remark that
argument did not call for a stump
speech" Mr. Delmss protested against
this offensive language" by the dis
trict attorney. Justice Fitzgerald in |
terposed in the discussion. and Mr.
Delmas was soon lost to view because
CT the turn affairs took.
During the course OF his argument !
the Jstrict attorney placed himself
on record by saying that the legal
assumption before the court is that |
Harry h. Thaw is insane. He declared |
the alienists for the defense have |
shown Thaw to have been insane az
late as September % last. and in the !
absence OF proof to the contrary. the
assumption is that he remains insane. |
Justice Fitzgerald declared that the |
present jury only has to do with the |
question of Thaw's sanity or insanity |
on the night that he killed Stanford |
White
Dr. Wagner was allowed to give his |
conversations with Thaw during the |
ncriod that he believed the defendant |
10 he OF unsound mind. He said Thaw |
remembered having approached and
having shot White. He protested |
however that he had not intended at
any time to kill the man. but wanted
10 have him legally punished.
Much OF the day was given over to
technical questions concerning the
mental and physical examinations to
which Thaw was subjected in the |
Tombs by Drs. Wagner and Evans.
During some Of the long explanations |
offered by the alienist, Mr.. Jerome |
walked restlessly to and fro. and once
sat down near the newspaper men and
entered into conversation with them.
In answering some Of the questions
propounded by the district attorney
DIR. Wagner said he was compelled to
use long names.
GO ahead" said the prosecutor.
The expert proceeded. The official
stenographer sQuirmed. and most OF
the Jurors laughed heartily.
q can't help it," explained Dr. Wag-
ner. AS If in apology for the longest
name he uttered.
81 know you can't" said Mr.. Je-
rome. You go right ahead whenever
.o,, faoi lilo IL