Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-03-05
JEROME N CLASH
WITH The COURT
Justice Fitzgerald Takes Pros
ecutor To Task Severely For
Scope of Questions
DR.. WAGNER STILL ON STAND
Mrs. Thaw, Senior, May be Called Be-
fore Trial is Adjourned for the Day
Defendant the Most Uninterested of
Spectators in the Days Proceedings
General News.

u
General News.
New York, March 5.-District At
torney Jerome and Justice Fitzgerald
had q clash during the Thaw case to-
day Fitzgerald asked if the jury had
been empanelled in this case to try
anything except the issue whether de-
fendaf1t was insane that night he shot
ana killed White. Jerome said he
would not reply to q proposition SO eie-
mental He also refused point blank to
submit any authorities on the subject,
saying his respect for the court was so
high that he would not presume to
submit authorities on a question SO
elementa.. IF you do not submit au-
thorities.' said the justice. Il will as
sumo you do not know of any" Fitz-
gerald ended by sustaining the OBJ
lection by defense that Jerome's aues-
tions to DR.. Wagner were too broad.
The spectators were thrilled into abb
solute silence during the tense mo-
meYts Of the extraordinary debate be-
tween Judge and district attorney. Jer-
ones manner of addressing the court
was as defiant as his words. He
seemed thoroughly aroused. Justice
Fitzgerald seemed to retain his Judicial
calm only with great effort
The point under discussion was as to
whether orsnot Jerome, on cross exam-
ination. could take a wider scope than
was permitted counsel for defense on
direct examination. Fitzgerald finally
sustained the position taken by de-
tense. During the debate, which be-
gan between Jerome and Delmas, the
latter characterized Jerome's remarks
as "offensive," and said they tended
TO lower the standards and dignity of
the court. Justice Fitzgerald inter-
posed at this point and the war OF
words went on between him and the
prosecuting officer. During the de-
bate Jerome took occasion to declare
the legal assumption before the court is
that Thaw is now insane. He said de-
fendant had been shown to have been
insane on June 25 last and it is the
assumption Of law that he continues IN
that condition until shown to be oth-
erwise.
In the midst Of discussion as to the
adinissibiIity of certain evidence, Jer-
ONE said that the presumption before
the court is that Thaw is insane now,
nothing having been deduced to show
that the insanity state has not contin-
uei.
Fitzgerald at this point called for
authorities and precipitated the scene
with Jerome.
that Mrs. William Thaw, the white
haired mother of the defendant, might
be a witness today at the trial of Har-
~ K. Thaw, tended to revive interest
In the hearing Of the case. DR.. Charles
q. Wagner, superintendent of the state
for insane at Binghampton,
was recalled to the stand and his cross
examination continued. Thaw. who
brought his customary batch of letters
into court with him, afters brief
whispered conversation with some of
9ais counsel, proceeded to read the large
number of epistles. He. then. took a.
large pad of paper and, began to write
q letter. He was decidedly the least
interested spectator in the room.
In fact, the expert testimony thru
out has bored the prisoner immeasur-
ably. His present attitude is in sharp
contrast to the keen interest displayed
while his wife was on the witness
stand.
More About Brain Storms.
VIZ. g lA MI al
a brain storm in which the onset took
place in ten minutes. The doctor
could not. He said that he could not
lay down any rule as to the conduct I'M
insanity, as insanity in itself in un-
natural. There are no two cases of
insanity, or even of sanity, for that
matter, which are exactly similar.
goodness and deliberation" did not az
curately fit any case that he had ever
known. This statement was brought
out by Jerome by seeking to secure
direct answer from the witness that he
had observed a case of brain storm or
mental illumination in which the per-
son committed acts of violence with
calmness.
sYou could not tell what was going
m in the QeIonQdHl iUidiiI SASSpi 49,
was apparent to the eye, could you
NO"
Nov. was there any single thing in
the hypothetical question indicative of
brain stern ?"
81 can't tear the Hypothetical aues-
tion to pieces that way"
"Then I will tear it to pieces forl
you said Jerome.
The district attorney proceeded toI
read extracts from the question, and
asked If they individually suggested
brain storm Wagner said that taken
rhe facts indicated mental
,uimination-an extraordinary state of
mind
Jerome said that he was trying to
ind out whether the shooting itself
vas of such nature as to indicate IN
,anity. He then read again that part
II the hypothetical question which de-
.cribed the killing and events imme-
iarely preceding and following 1t.
"Now. doctor. take these facts. add