The Barre daily times. (Barre, Vt.) 1897-1959, 1907-02-13
MAY Cause Complications in
lhaW Trial
JUROR BOLTON HAD TO GO
jerome and Delmas Come Together in
Their First Serious Clash, and There
Was Much Heated Talk
in Court.

New York, Feb. 13.--The wife of Jo-
seph p. Bolton, one Of the Tlgaw jurors,
was stricken with pneumonia during the
nig.it, and this juror with two Others
and two court officials went to the bed.
side. 1t is not known now how serious
the woman's condition is, but in the event
of her death Or critical Illness, Mr.. Bol-
ton may not be able to return, and it is
possible that the panel may be dismissed
and the session declared i mis-trial
The rumor that one Of the jurors had
been called home BY the sickness Of his
wife was the cause for great deal of
speculation this morning, and it was not
until shortly before the time for court
to open that it was learned that juror
Bolton was the one. 1t was then an
nounced that he had gone to his home
in the Bronx. Crowds fingered about
the courthouse and discussed the posi-
biity Of an adjournment for the day.
Jerome and Delmas Clash.
District Attorney jerome and Dolphin
NJ. Delmas came together late yester-
day in the first serious clash between
counsel in the trial, and the California
attorney, who is directing the defense,
took exceptions to certain statements Of
TIE prosecuting officer and had inserted
in the record Of the case a protest against
"the misconduct Of the learned district
attorney
Mr.. Jerome hotly accused the defend
ants counsel Of trying to instill into the
minds Of the jury the fact that the ope.
ration performed upon Evelyn Nesbit
in 1908, before Thaw took her to Eu.
rope, was @of criminal nature. when
as a matter of fact It was for appendi-
citis." Mr. DeInas called the attention
OF Justice Fitzgerald TO the fact that
the district attorney was stating facts
tnat were not in evidence and that "a
verv serious exception must be taken
to his remarks"
"Send the jury out of the room if
Abl MdilNs EMNtdjuttN ME- Ut4OllEs U0L
I am going to get this thing straight
ened out. | am not going to have these
false impressions fostered before the
jury and in the mind Of the witnesses.
DR.. Britton D. Evans, superintendent
Of the state hospital for the insane at
Morris Plains N u, was the witness
and he testified earlier in the day that
he was Of the opinion that Harry Thaw
was insane at the time OF the tragedy.
He had been called upon TO answer q
long hypothetical question in which ref
eTence had been made to "a serious, ii
not capital operation" upon Miss Nes-
bit, When the storm between counsel
broke.
Mr.. Jerome seemed thoroughly wrought
up. Mr.. Delmas did not for an instant
lose his calm deneanor, but lie gave
emphasis and force 10 his words new
to his hearers. Mr. Jerome said he would
withdraw 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 operation
Mr.. Delmas gave his word that he did
not know its nature
"But you may consult with counsel,
suggested Mr.. jerome.
= do not care to do that" " replied
Mr.. Delmas. "it is not essential''--
"All,H cried tie district attorney in a
loud voice, then YOU do want to make
tius insinuation?'
'The district attorney strangely for
gets his characteF and position when bs
cnarges mo with an attempt TO deceive.
retorted Mr.. Delmas, with more feeling
in his voice than at any time in the trial
''IIe must upon dcliberatioh see the in
justice Of his implied discourtesy.s
II see injustice plainly retofted Mr.
Jerome "but not in my remarks
The storm had been brewing for somt
minutes before It finally broke withir
the quarter Of an hour before adjourn
ment. Mr.. jerome and Mr.. Delmas ar,
ol two such diametrically opposed type
that the clash was not unexpected. Jus
tice Fitzgerald did not rule out any O
the district attorneys remarks befor,
the jury, and Mr. Delnas took care Il
have every exception he made serious
ly notcd' Mr. Jerome won his poini
and the words serious, if not capital,
as defining the operation, were with
M