Mr. Gleason here asked to be heard in behalf of the defense.
“I desire to say,” said Mr. Gleason, “that when this case began I attempted to introduce evidence on the very point which the district attorney now demands, but it was ruled out on his own objections.”
“I remember,” said Justice Fitzgerald, “ruling out such testimony on the ground that it was in relation to collateral lines.”
“We have made a perfect defense here,” asserted Attorney Gleason, “and it is the duty of this court to submit that defense to the jury— —”
“This court does not need any instructions as to its duty,” interrupted Justice Fitzgerald. “That is a matter the court can attend to for itself. All I want is all of the information I can get on this subject. The court wants this information, but if I can not get it, I will have to act as I see fit.”
For a moment all the lawyers were talking excitedly at once, and Justice Fitzgerald was forced to rap sharply with his gavel. Finally Mr. Jerome made himself heard.
“The court has asked for all the facts I have in my possession, and I will willingly furnish them. I will give them in the form of an affidavit. I will also furnish the affidavit of Dr. Mabon and Dr. MacDonald, and if his professional privilege is waived I will have an affidavit from Dr. Hamilton.”
“The learned district attorney has just said that this defendant is at this moment so insane as not to be able to instruct his counsel,” broke in Mr. Gleason in an angry tone, “and now he asks that this man whom he has dubbed insane waive a privilege.”
“His attorneys can waive it for him,” said Mr. Jerome.
“The district attorney knows that that cannot be done,” was the reply.