Los Angeles herald., 1907-02-13
Showed Indications
in Prison
Attorneys Delmas and Jerome Have q
Serious Clash over Nature Of
Operation Performed on
Evelyn Nesbit
7v Associated Press.

serious clash between counsel IN the
Harry K. Thaw trial. The California
attorney, who is directing the defense,
took exceptions to certain statements
of the prosecuting officer and had in
serted in the record of the case a pro-
test against "the misconduct of the
learned district attorney"
Mr.. Jerome hotly accused Mr.. Delmas
of trying to instill into the minds of
the jury the implied suggestion that
the operation performed on Evelyn
Nesbit in 1903 before Thaw took her to
Europe was of a criminal nature, when
as matter of fact" he said ut was
for appendicitis"
Mr.. Delmas called the attention of
Justice Fitzgerald to this, saying, that
the district attorney was stating facts
not in evidence, and that very seri-
Gus exception must be taken to his re-
marks"
Send the jury out of the room if you
want to- exclaimed Mr.. Jerome, but
1 am going to get this thing straight. I
am not going to have these false i'm
pressions fostered before this jury
Believed Thaw Was Insane
DR.. Britain D. Evans, superinten-
dent of the state hospital for the in
sane at Morris Plains, N. j., was tes-
tifying at the time of the disagreement.
He declared that he was of the opinion
that Thaw was insane at the time of
the tragedy. He had been called upon
to answer long hypothetical question:
in which reference had been made 10
"a serious If not capital operation" on
Miss Nesbit, when the storm broke.
Mr.. Jerome seemed thoroughly
wrought up; Mr.. Delmas did not for an
instant lose his calm demeanor, but he
gave emphasis and force to his words
to his hearers. Jerome said he would
withdraw the objection to the term
capital operation if Mr.. Delmas would
give him the word of counsel that they
did not know the nature of the opera
tion. Mr.. Delmas gave his word tha
he did not know of it's nature
But you may consult with counsel"
suggested Mr. Jerome.
Il do not care to do that" replied Mr..
DelmaS: lit Is not essential"
"Ah," cried the district attorney in
loud voice, then you do want to make
this insinuation?'
"The district attorney strangely for
gets his character and position when he |
charges me with an attempt to de- |
cetve," retorted Mr. Delmas, with more
feeling in his voice than at any time |
during the trial. He must upon de- |
liberation see the injustice of his i'm |
piled discourtesy."
Il see injustice plainly" retorted Mr.. |
Jerome but not in my remarks"
jerome Wins Point
Justice Fitzgerald did not rule out
any of the district attorneys remarks |
hff.
care to have any exception he made "se- !
riously noted"
Mr.. Jerome won his point and the |
words serious, if not capital" as defin-
Ing the operation. were withdrawn by
Mr.. Delmas.
During the tilt Mr.. Delmas asked the
district attorney how he learned of the
character of the operation upon Miss
Nesbit without violation of a confidence
Mr.. Jerome said he had been told of it
by Miss Nesbits mother Mrs. Holman
of Pittsburg 1t thus became known for
the first time that the district attorney
is in possession of a long statement
by Mrs. Holman.
Mr. Evans was on the stand all day,
occupying nearly two hours of the af-
ternoon session in a perusal of the let
ters written by Harry Thaw at the time
of his estrangement with Miss Nesbit.
DR.. Evans was by far the most salts
IdClOIy expert NllIlbSS TO llle ueIeDSe SO
far produced. He detailed to the jury
his observations and examinations of
Harry Thaw during his eight visits to
the prisoner in the Tombs. and declared
1t to be his opinion that Thaw was suf-
fering from brain storm or an eX-
plosive or Illuminating condition Of men
tai unsoundness," at the time he shot
and killed White,
Gives Many Reasons
DR.. Evans gave many and elaborate
reasons for his opinion, and during his
examination Mr. Delmas deftly brought
out the fact that whereas Thaw was
suffering from "storm and STRESS"
when the alienist first visited his last
August, his condition had shown steady
and gradual Improvement until on Oc-
tober 8, when Thaw was "more COM
posed and deliberate"
DR.. Evans declared the mental eX-
plosion which induced Thaw to kill
Stanford White had left its traces on
the defendant when he first visited him.
He said he exhibited symptoms of pa
ronia and adolescent insanity The first
was indicated by his eXaltation his
exaggerated ego"-the idea OF his su-
per-importance. The adolescent insan-
ity was due to heredity and Is charac-
teristic to the development period Of
life-from 10 to 40 years.
Thaw's mind, DIR. Evans said, had
1ppeQ ltS nOOflnRS ana WAS ike Il snip
AaThout a rudder. Ordeals of stress
AFhadded their work to the psyche
A taint which came from heredity.
a ms said that after his first three
5Thaw following the tragedy he
Aseed that the man was of un-
MAS the result of his last
s4na that though Thaw stll
" I'm a somewhat exaggerated
[self-importance, he was i'm
7The Improvement was pro-
y,p4estimony was brought in line
ne contention of the defense that, |
II Thaw was insane prior to and at
fime and Immediately subsequent
lthe homicide. he has improved 10 a
"A bind condition mentally following the !
lemoval Of the cause OF the stress /
DR. Evans may be s-eXamined to- !
morrow, although District Attorney Je- |