Jasper County Democrat, Volume 9, Number 46, Rensselaer, Jasper County, 16 February 1907 — LAWYERS IN DISPUTE [ARTICLE+ILLUSTRATION]

LAWYERS IN DISPUTE

Jerome and Delmas Indulge in Legal Exchanges That Are Not Brotherly. NEW YORKER WINS HIS POINT Has a Hypothetical Question Framed to His Liking. Californian Feels Hurt and Says So—- □ Alienist a Good Witness in Defense of Harry K. Thaw. New York, Feb. 14. —The trial of Harry K. Thaw for the murder of Stanford White has been halted by the death of the wife of Juror Bolton. It is not known as yet when it will be resumed. New York, Feb. 11.—All women, other than newspaper writers, were bsrred from Thaw trial. The order caused great Indignation among the crowd of women assembled In front of building. Mrs. Thaw was again on the stand. Mr. Jerome produced the note which she passed to her husband at the Case Martin the night of the murder. It read: “The B was here a minute ago, but went out again.” Mrs. Thaw said “B ” meant blackguard and referred to Stanford White. New York, Feb. 13.—District Attorney Jerome and Delphin M. Delmas have come together In the first serious clash between counsel in the Harry Thaw trial, and the California attorney, who is directing the defense, took exceptions 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.” Jerome hotly accused the defendant’s counsel of trying to instill into the minds of the jury the Implied suggestion that the operation performed upon Evelyn Nesbit in 1!K)3, before Thaw took her to Europe, wan “of a criminal nature," when “as a matter of fact,” he snld, “it was for appendicitis.” Took “Very Serious Except ions." Delmas called the attention of Justice Fitzgerald to tills, saying that the district attorney was stating facts not in evidence and that “a very serious exception must be taken to bis remarks.” "Send the jury out of the room if you want to," exclaimed Jerome. "but 1 am going to get this thing straight. I am not going to have these false Impressions fostered before tills jury and in the minds of the witres's.”

Another Hypothetical Question. Dr. Britton D. Evans, superintendent of the state hospital for the insane at Morris Plains. N. J., was the witnes~. and lie 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 n long hypothetical question, in which reference had been made to “a serious if not capital operation" upon Miss Nesbit, when the storm between counsel broke.

THE BREAKING OF THE STORM Jerome Is Aroused, but Delmas Retains His Calmness. Jerome seemed thoroughly wrought up. Delmas did not for nn instant lose his calm demeanor, but he gave emphasis and force to his words new to bis hearers. Jerome said he would withdraw objection to the term “capital operation” if Delmas would give him the word of counsel that they did not know the nature of the operation. Delmas gave his word that he did not know its nature.

“But you may consult with counsel,” suggested Jerome. “I do not care to do that," replied Delmas. “It Is not essential.” /"“Ah,” cried the district attorney in a loud voice, “then you do want to make this Insinuation.”

‘ Tlie district attorney strangely forgets his character and position wbea he charges me with an attempt to deceive.” retorted Delmas with more feeling in his voice than at any time during the trial. "He must upon deliberation sea the Injustice of his implied discourtesy.” “1 see injustice plainly,” retorted Jerome, "but not In my remarks.” The storm had been brewing for some minutes before it Anally broke

within the quarter of an hour before adjournment Jerome and Delmas are of two such diametrically opposed types that the clash wag not unexpected. Justice Fitzgerald did not rule out any of the district attorney’s remarks before the jury, and Delmas took care to have every exception he made “seriously noted.” Jerome won his point, and the words “serious if not capital.” as defining theoperation were withdrawn by Delmas. During tlie tilt. 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 a violation of a confidence. Jerome said he had been told of it by Miss Nesbit's mother. It thus became known for the first time that the district attorney is in possession of a long statement by Mrs. Holman, who now is in Pittsburg, but who it has been reported from time to time might be called as a witness by the state In rebuttal.

EVANS A GOOD WITNESS - Most Satisfactory Expert Yet Hoard for the Defense. Dr. Evans was by far the most satisfactory expert witness for the defense so far produced. He detailed to the jury his observations and examinations of Harry Thaw during eight visits to the prisoner in the Tombs, and declared It to be his opinion that Thaw was suffering from "a brain storm, or an explosive or fulminating condition of mental unsoundness,” at the time he shot and killed Stanford White. Dr. Evans gave many and elaborate reasons for his opinion, and during his examination Delmas deftly brought out the fact that whereas Thaw was suffering from “storm and stress” when the alienist first visited him in August last, bis condition has shown steady and gradual improvement. Dr. Evans declared that the mental explosion which had Induced Thaw to kill Stanford White had left its traces upon the defendant when he first visited him. He said Thaw exhibited symptoms of paranoia and adolescent insanity. The first was indicated by his exaltation bls “exaggerated ego’’ —the Idea of his supreme Importance. The adolescent insanity was due to heredity, and is characteristic to the development period of life—from ten to forty years. Dr. Evans declared Thaw’s mind had slipped its moorings, and was like a ship without'a rudder In a wind storm. Ordeals of stress had added their work to the psychopathic taint which came from heredity. Dr. Evans declared that as a result of his first three visits to Thaw following the tragedy he was convinced that the man was of unsound mind. This testimony was brought out in line with the contention of the defense that while Thaw was Insane prior to ami at the time and immediately subsequent to the homicide he has improved to a sound condition of mentality following the removal of the cause of stress. Evans was on the stand all day. Hitch in the Thaw Trial. Now York, Feb. 14.—The Illness of the wife of one of the jurors in the Thaw case caused the abandonment of the usual morning session of the court, a recess being ordered by Justice Fitzgerald at 10:48 a. m. until 2:00 p. m. Mrs. Joseph B. Bolton, the wife of Juror No. 11, Is said to be threatened with pneumonia and some apprehension is felt lest her illness may seriously interfere with the trial .

The trial was resumed in the afternoon. Dr. Britton D. Evans, superintendent of the state hospital for the Insane at Morris Plains, N. J., was immediately called to continue his direct examination. May Bar Papers from Mails. Washington, Feb. 12. —The following statement was given out at the White House: "The president has communicated with Postmaster General Cortelyoti to know whether it is feasible to bar from the mails the papers that give the full disgusting particulars of the Thaw case. He does not know whether it is feasible, but if it is he wishes it done.”

DELPHIN M. DELMAS.