The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-06
Delmas Objects.

W tel all unaC the defendant said to him
in the Tombs regarding the subject of
epilepsy in the family.
Denas Objects.
Mr.. Delmas objected TO the question on
| the ground that it was too broad DR..
| Wagner's direct testimony having been
confined to the first three visits to Thaw
when the witness was Of the opinion that
| the defendant was insane
This is a most unusual thing" said
District Attorney Jerome, for a scientific
witness to try to exclude facts. I am en-
| titled to ask broad questions to test the
| credibility of this witness as an honest
man."
Mr.. Delmas declared District Attorney
Jerome's questions were too broad.
II have ruled again and again on this
| question said Justice Fitzgerald. 1.-THE
! testimony as to this defendants state
ments in the Tombs were admitted. on
| the ground that they were made at q
| time when he was insane. Up to now
| we have not gone outside the field thus
i laid down"
Mr. Delmas was proceeding with his
! argument, saying that when the trial be-
g"1 the defense offered to waive any
! privileges it might have as to obstructing
the truth or the falsity of Mrs. Evelyn
! Nesbit Thaw's story Mr.. Jerome inter
| posed.
The argument is on the question at
| issue" he said. "It does not call for a
stump speech"
/ Mr.. Delmas seemed taken abaek for a
moment. Then he said:
These offensive remarks of the learned
district attorney tend to lower the stand
, ard of the court.
"Offensive Remarks of Jerome.
He first INDUCES In his offensive re-
| marks against the witness" c.
| Mr.. pelmas, land now he direc
at counsel They will not aid Il
or the Jury in arriving at We
this case"
Justice Fitzgerald pounded several times
with his gayel but Mr.. Delmas paid no
heed until he had finished his remarks.
when this case began" said Mr.. Je-
| rome in reply, your honor ruled that
| every act and every declaration of the
defendant prior to the commission of this
! offense was admissible as bearing on
| whether he was of sound or unsound
! mind. But after the act was committed
the general principle applies that the
| declarations of the prisoner in his own
defense could not be admitted until pre-
liminary proof was offered which salts
fled your honor that the defendant was
of unsound mind when he made the state
ments. Then they were admissible as be-
ing facts on which the experts had based
their opinions.
at Is a fundamental rule of law that
| a condition once proved continues until
the contrary is shown. Dr. Evans has
| stated positively that on his third visit
to the Tombs this defendant was insane
and in view OF that. your honor allowed
his conversations and his acts at that
time to be admitted, because in these
conversations and acts the alienists had
based their opinions of his condition.
There is nothing In evidence to show that
there has been any change in this con-
dition; that the insanity has disappeared,
In fact quite the contrary is shown
Jerome Argues Point.
when the doctors first went on the
stand they We're questioned about the
| defendants mental state and their an
and after the foundation was properly
laid and made no objection to their in
PRODUCTION But counsel wholly refrained
from asking any questions regarding any
thing but the first three visits.
II have, | submit the right to show
that the conversations at the other five
visits under these circumstances for the
most, the doctors have done was to say
he was improving-not that he has re-
covered"
What is the legal assumption before
the court" interrupted Justice Fitzger-
aid.
1.-THE legal assumption" declared the
district attorney, rs that this defendant
is insane in view of the evidence, and the
grounds for assuming that the insane con-
dition as testified to has continued"
Mr. Delmas: do you admit that this
defendant was insane?'
IL admit nothing" said Mr.. jerome. az
say that as the evidence stands this man
is shown to be insane"
Here Justice Fitzgerald again took a
hand in the argument and precipitated a
situation as dramatic as ever was wit
messed in New York court.
WAS this jury empaneled for any
other purpose than to try to determine
whether or not this defendant was insane
on the night of June % last?" he said
Your honor surely is not seeking infor-
nation ON that point" replied Mr.. Je-
rome
Dramtic Situation.
81 am seeking to know what the author
tiles are for proofs as to the present san
ity of the defendant, and the scope of
this jurys duty" said Justice Fitzger-
! aid
~ will not submit any such authori-
liesi' said District Attorney Jerome dog
gedly
Are there any such authorities ?" asked
the Judge.
"They are so eemantal and so abund
ant" retorted Mr. Jerome ''that | an
forced to assume that they are familiar
to the court
you decline TO furnish this court will
the authorities requested" demanded Jus
tice Fitzgerald.
II have such high respect for the court
of this jurisdiction" said Mr. Jerome
that I will not submit authorities on q
| one of 1a 81 MT al