Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1907-02-13
IERoME ANp DELMAs cLAsn.


Distriet Attorney Jerome and Del
phin ". DslEEss came together late yss-
terday 10 The first serious clash between
counsel in the barry Thaw trial, and
the California attorney, who is directing
the defense, took exceptions 10 certain
statements Of The prosecuting officer, and
had inserted 10 the record OF the case =
protest sgsinst "ihe misconduct Of the
Learned district attorney"
Mr.. Jerome holly accused the defend
ants coul sl Of tying to instill into the
minds Of the jury the implied suggestion
that the operation performed upon
Evelyn Nesbit in 1909 before Thaw took
her to Europe was "of a criminal
nature" when, "as matter Of fact, he
said, "it was for appendicitis.
Mr. Delmss called the attention Of
Justice Fitzgerald to this, saying that
the District Attorney vas stating facts
not 10 evidence, and that "a very serious
exception must be taken to mis- remarks"
"send the jury out OF the room If you
want Ia" exclaimed Mr.. Jerome, "but
| am going to get this thing straight. l
am not going TO have these false impress
sions fos.ered before the jury and in the
minds OF the witness"
DR.. Britton D. Evans, superintendent
of the State Hospital for the Insane, at
Morris Plains, N. j., was the witness,
and be testified earlier in the day that
he was Of the opinion that Harry Thsw
was insane ct the time OF the tragedy.
He bad been called upon to answer.
long hypothetical question in which ref
srence had been made 10 "serious, if
not capital, operation" upon Miss Mes
bit. when the storm between counsel
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
new to his hearers Dir. Jerome said be
would withdraw objection to the term
capital operation" il Dir Delmss would
give him the word Of counsel that they
did not know the nature of the opera
ton. Mr. Delmas gave his word that
he did not know its nature.
"But you may consult with counsel, "
suggested Mr.. Jerome.
81 do not care to do thai" replied
Mr.. Delmas; "it is not essential. "
"Ah," cried the District Attorney in
a loud voice, '..than you DO want to make
this insinua:ion.
"Tbe District Attorney strangely for
gets his character and position when DO
charges me with an attempt to deceive"
retorted Mr.. Delmas, with more feeling
10 his voice than at any other time dur
ing the trial. "He must upon delibe-
ration sec the Injustice Of his implied
dlscourtesy."
al ace injustice plainly" retorted Mr..
Jerome, "but DOT in my remarks"
The storm had been brewing for sOme
minutes before il finally broke within
the quarter of an hour before adjourn
ment. Mr.. Jerome and Mr.. Delmss are
of two such Numerically opposed types
that the clash was not unexpected. JUS
tice Fitzgerald did not rule out any OF
the District Attorneys remarks before
the jury, and Mr. Delmas took care to
have every exception he made seriously
noted" Mr.. Jerome won his point,
and the words serious if not capital at
defining the operation were Withdrawn
by Mr.. Delmas.
During the tilt Mr. Delmas inquired
Of the District Attorney as TO how he
came Into possession of knowledge as to
the character Of the operation upon Miss
Nesbit without o violation OF conf
dence. Mr.. Jerome said ne had bean
told Of it BY Miss n sbi's mother. 1t
thus became known for tho first time that
the District Attorney is in possession OF
q long statement by Mrs. Holman, who
now "a 10 Piusburg, but who, it has been
reported from time to time, mig hit be
called as q witness by the state ia re-
buttal.