The Red Cloud chief., 1907-02-15
JEROME AND D:LMAS TILT
WORDY DUEL OF LAWYERS IN
THAW TRIAL.
BASIS FOR lN3ANiTY PLEA
Alienist Evans Says Prisoner Was IT.
responsible When He Killed White.
Answers Hypothetical question Put
by Lawyer Delmas.

by Lawyer Delmas.
New York, Feb. 13.-District Attor-
ney jerome and Dolphin NJ. Delmas
came together in the first seriOis
clash between counsel In the Harry
Thaw trial. The California attorney,
who is directing the defense, took ca
ceptions to certain statements OF the
prosecuting officer and had inserted
in the record OF the case a protest
against The misconduct of the
learned district attorney"
Mr.. jerome holly accused Mr.. Del
mas of trying to instill into the minds
of the jury the implied suggestion
that the operation performed o n
Evelyn Nesbit in 1903. before Thaw
took her to Europe, was of a criminal
nature, when, "as a matter of fact" he
said, 'it 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 a very seri-
Gus exception must be taken to his
remarks.
Send the jury out of the room If
you want to-" exclaimed Mr.. jerome,
but | am going to get this thing
straight. am not going TO have these
false Impressions fostered before this
jury
Declares 'Thaw Was insane.
Dr. Britton ID. Evans, superintendent
OF the state hospital for the insane at
Morris Plains. n. j., was testilying at
the time of the disagreement. He had
declared he was OF the opinion that
Harry Thaw was insane at the time
of the tragedy.
He had been called upon to answer
a long hypothetical question, in which
reference had been made to a SERIOUS,
if not capital, operation" on Miss Mes
bit 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, new to his hearers. Mr.. Je-
rome said he would withdraw objec-
ton to the term capital operation
IL Mr.. Delmas would give him the
word of counsel that they did not
know the nature of the operation. Mr..
Deln1s gave his word that he did
| not know of it's nature. "But you may
consult with counsel said jerome.
II do not care to do that replied
Mr.. Delmas. 1T is not essential"
"Ah," cried the district attorney in
a 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 IN attempt to de-
ceive." reiterated Mr.. Delmas, with
more feeling in his voice than at any
time during the trial. He must, upon
deliberation, see the injustice Of his
implied discourtesy.'
IL see injustice plainly" reiterated
Mr.. Jerome, but not in my remarks
Justice Fitzgerald did not rule GU,
any of the district attorneys remarks
before the jury and Mr.. Delmas took
care to have every exception he made
seriously noted
Jerome Wins His Point.
Mr.. Jerome won his point n the
words serious if not capital" as de-
fining the operation, were Withdrawn.
During the tilt Mr.. Delmas asked
the district attorney how he learned
OF the character of the operation on
Miss Nesbit without a violation of
confidence. Mr.. Jerome said he had
been told of it by Miss Nesbit's
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 her
DR.. Evans was by far the most sat
isfactory expert witness TO the defense
so far produced. He detailed TO the
jury his observations and eXamina
lions of Harry Thaw during eight
visits to the TOmbs and declared it tC
be- his opinion that Thaw was suffer
ing from a brain storm, or explosive
; or Illuminating condition of mental un
soundness" at the time he shot ant
killed Stanford White. DR.. Evans de
clared that the mental explosion which
|. induced Thaw to kill White had left it'
traces on the defendant when he Wis
tied him. He said Thaw exhibited
symptoms OF paranoia and adolescen
insanity. The first was indicated b!
his eXaltation, his exaggerated ego
the idea Of his supreme importance
The adolescent insanity was due t.
! heredity and is characteristic to tn
development period of life-from tel
r TO forty years. His mind, DR.. Evan
a said. had slipped its moorings an
was like g ship without a rudder. On
deals o. stress had added their worI
10 The ~nSEchOpatiC faint which cam