New-York tribune., 1906-07-07
SAW AFFIDAVIT TORN UP
Ih.lHS OYERLOOKED COPY
District AttOrHey's Office Has Ell
deRcc at Its Command.

The affidavit alleged 70 have been written bv
Mrs. Evelyn Nesbit Thaw before her marriage
+ to Harry Ken'laH Thaw proved to be tse main
point of interest Sasain yesterday In the case
AGAINST Thaw. Ex-Judge William NJ X Olcott
counsel for Thaw, again denied. speaking for
Ihaw and his wife. that such an affidavit ever
existed or was ever thought or and Assistant
District Attorney Giarvan refused to discuss the
case but, MISUNDERSTANDING he constant denials
by those interested in the defence. il has been
learned from an authoritative source that such
an affidavit was prepared by Evelyn Nesblt at
the 1nsttsatiOn of stanford White II was pre-
pared ia the Offices OF Howe Hummel in the
presence Of Abraham H. HummeI Mrs Thaw.
az that time Miss Nesbit wrote out the af7dayit
AT the dictatiOn. almost entirely. OF Mr.. Hum
mel Mr. White. who also was present desired
certain parts changed and made interpretations
IN MS own handwriting the affidavit drawn
UP by Miss Nesbit This affidavit directed SOLE
" against Thaw and ,harsing him with vari-
Gus acts against morality and decency. was the
means It is said Of eventually bringing Miss
Nesbit and him together. and ended in their mar
riase After the marriage the affidavit was de-
strOyed in their presence.
a record Of the original affidavit was made.
and this the District Attorneys Office either has
or can obtain at any time II desires. 7rfa
record. it is further understood was made az
the instigatiOn Of Stanford White for purely
business reasons
Whites part in obtaining the affidavit. IT Is
learned. is given as the principal cause Tor
Thaw's hatred. which led up to the murder
The denials by Thaw and his young wife
are said to be absolutely incorrect TX
Judge OIcOtt. in his denials. is thought 20 have
made them solely the representations made
to him by the prisoner and his wife and not on
his own knowledge. The Thaws. Il is believed.
thought that any possibility OF such an afFdavIt
ever appearing was entirely done away with
when the affidavit was destroyed. and did not
know, when the denials were made. that record
OF It was still in existence.
HUHfMEL MAY BENEFIT BIT CASE.
It is understood that a well known LAWYER.
who a friend Of stanford White. was in
strumental in bringing the matter 20 the atten-
tiOn of the District Attorney. through HummeL
HummeI is under conviction for a felony. and
does not. consequently. stand very we'll with the
District Attorneys Office. But his share On aid
ing the prosecution ft IS believed. viii enable
him 70 escape Imprisonment and further troubl@
In his own case. Mr. Garvan would not discuss
this feature OF the case yesterday. He denied.
however. that he had conferred with Hunrnsl
the day before. as was thought. Hummel. IL was
learned was staying at the Manhattan Beach
Hotel up TO Thursday morning. and az that time
had an engagement 20 meet Mr.. Garvan. But he
did not do so. A representative OF his. &C Is un-
derstood. did meet Mr.. Garyan, and the matter
/ Of the af1davft was gone into. HUmmsl went 60
Saratoga in the afternoon, and win remain there
/ for month or more unless devslopnents re-
quire his presence In this city. IN that case he
will return at once.
PROSECUTION MAY SPRING SENSATION.
The prosecution has but few points still 60
investigate In th. evidence being obtained
against Thaw. One OF them. g is understood. Is
expected to be as sensational as that OF the afa-
davit and will be as much a blow to the de-
fence. In any case. it Is said. the defence would
not place Mrs Thaw on the witness stand 20
testify for her husband Il a record OF this am
davit was produced In evidence. Yesterday couu-
sci and friends OF White worked harder than
they have done so far 20 aid the state against
Thaw. Allan W. Evarts on Thursday gave
large bundle OF letters and private papers Ot
Whites 90 the District Attorneys Office. These
were gone over very carefully yesterday. and
there was found much matter OF great value. g
Is said. IL was rumOred that Mr. Garvan had
a long conference with Mr.. Evartz Richard
Mansfield White and Charles Hartnett. the Sec
retary of Stanford White. Mr. Caravans abb
sence from his Office for several hours gave color
to this story. IL was denied later. however.
II is understood. however. that Hartnstt has
given to MT Garvan a quantity OF private pa
pers OF Whites which. with those given BY MI.
Evarts. make up a number OF important points
to aid the state
Paul L. Berg0H. the private detective who
worked for White In 'shadowing'' the detectives
employed by Thaw. was again questioned by
Mr.. Garvan yesterday. Bergo1 Is considered
one Of the most important witnesses for the
prosecution. and his testimony is said 20 be os
great value. BersOr made a somewhat senza-
tiOnal statement after leaving Mr.. Caravans
Office. when he said:
There will be another sensation IN the eass
in few days. We have located a young woman
whom Thaw knew intimately she fed from
New York Immediately after the shooting bu.
will return. and we will turn her over TO the
District Attorney a witness. When Harry
Thaw hears she is back in New YORK he VII
collapse"
BergOm was also quoted as saying that every
member OF the White family. as well as their
close friends and the detectives employed by
them. are being constantly ''shacOwed- by
sleuths believed 10 be employed by the Thaw IN,
terests. He said that he himself had been sol-
lowed for several days
/ The defence yesterday was as busy on the cas-.
as it has been every day since June .. the night
OF the murder. Mr.. Olcott was at the TOmbs
twice to talk to Thaw. and also had representa-
tive see Thaw. Mr. OlcOtt also conferred with
Mrs. Thaw twice during the morning ar his
/ Office. He again made emphatic denial o. the
existence al any time OF the affidavit and said
''YOu may deny for me again this story Of the
/ existence OF an affidavit. Mr.. ThaW and Mrs
/ Thaw also have told me that there never was
+ an affidavit one was never thought OF. and Ger
tainIy never was written. II any one has such
a do, ument or record OF II. let him bring e o1l