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Show the time of the disagreement. He had declared he was of the opinion that Harry K. Thaw was insane at the time of the tragedy. He had been called upon up-on to answer a long hypothetical question, ques-tion, in which reference had been made to a serious if not capital operation" on Miss Nesbit, when the storm broke. Mr. Jerome seemed thoroughly wrought up. Mr. Delmas did not for an instant lose hia calm demeanor, but he gave emphasis and force to his words to his hearers. Jerome said he would withdraw the 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 of its nature. na-ture. Delmas' Retort to Him. "But vou may consult with counsel," suggested Mr. Jerome. 'I do not care to do that," replied Mr. Delmas. "It is not essential.'' "Ah," cried the District Attorney, In a loud voice, "then you do want to make this insinuation! " "The District Attorney strangely forgets his character and position whfn he charges me with an attempt to deceive," de-ceive," retorted Mr. Delmas with more feeling in his voice than at anv ti.ne during the trial. "He must, upon deliberation, de-liberation, see the injustice of his lm plied discourtesy." "I see injustice plainly," retorteJ Mr. Jerome, "but not in my remarks." Justice Fitzgerald did not rule out anv of the District Attornev's remarks before the jury, and Mr. Delmas took care to have everv exception he made "seriously noted. " Jerome Scores a Point. Mr. Jerome won his point, and the words "serious if cot capital," .is dc-finini? dc-finini? the operation, mere withdravra by DELMAS TRIES TO MISLEAD JURY, DECLARES JEROME NEW YORK, Feb. IS. District Attorney At-torney Jerome and Delpbin M. Delmas came together yesterday In the first serious clash between counsel In the Harry K. Thaw trial The California attorney, who Is directing the defense, took exception to certain statements of the proaacotlnf officer, and had inserted In the record of the case a protest against "the misconduct of the learned District Attorney." Mr. Jerome hotly accused. Mr. Delmas of trying to Instill into the minds of the Jury the Implied suggestion that the operation performed on Evelyn Nesbit In 1008, before Thaw took her to Europe, waa "of a criminal nature," when, "as a matter of fact," he said, "It waa for appendicitis." Mr. Delmas called the attention of Justice Fitzgerald to this, saying that the District Attorney wss stating facts not in evidence, and that a "very serious seri-ous exception must be taken to his remarks." re-marks." Jerome Is Insistent. "Send the jury out of the room if vou want to," exclaimed Mr. Jerome, ''but I am going to get this thing straight. I am not going to have these false impressions fastened before this jurv. " Dr. Britton D. Evans, superintendent of the State Hospital for the Insane at Morris Plains, N. J., was testifying at Mr. Delmas. During the tilt Mr. Delmas ak i the District Attorney how he learni of the charscter of the operation upon Miss Nesbit without violation of a confidence. confi-dence. Mr. Jerome ssid he had been told of it by Miss Nesbit 's mother, Mrs. Holman of Pittsburg. It thus oe-csme oe-csme known, for the first time, that the District Attorney is in possession of a long statement by Mrs. Holman. |