Mr. Delmas again arose and inquired if a commission in lunacy had been applied for.
“I so understand it,” said Justice Fitzgerald, “if the court shall so decide.”
“We are prepared to combat that application,” said Mr. Delmas.
“I have made no formal application,” explained Mr. Jerome. “I submit to your honor the fact as he sits there the defendant is incapable of directing his defense. I leave the matter entirely to the court.”
Mr. Delmas declared Mr. Jerome’s charges were entirely unsupported.
“The district attorney’s remarks were made under his oath of office,” said Justice Fitzgerald, with some display of feeling.
“He has appealed to my conscience, and I now demand the production of all the evidence which any of counsel may possess.”
Mr. Delmas said he understood Mr. Jerome to imply unprofessional conduct on the part of the defense in suppressing testimony.
“There was an implication of misconduct,” said Justice Fitzgerald.
“I hear of it today for the first time,” said Mr. Delmas.