New-York tribune., 1906-07-06
& HUMMEL LIN THAW CASE
say HE HEARD CHARGES.
Contradictions as to alleged Breach
of Promise Affdavit.

The question as to whether an affidavit was ever
made by Mrs Evelyn Nesbit Thaw against her
husband caused denials and affirmation yes
terday than anything that has far appeared in
the case. Positive denials were made by counsel
for Thaw, in which they quoted Thaw himself to
that effect. Equally as positive afirmations
made by lawyers who have been spoken of as
knowing about the affidavit. The District At
torney's Office would not discuss the existence or
non-existenee Of the affidavit except to deny that
the information regarding its existence had ever
come from there.
From authentic source. however. it an
nounced late yesterday afternoon that such an am
davtt had been prepared was sworn to by Mrs.
Evelyn Nesbit Thaw in the Office of Howe & Hum
mel and was in existence until after Thaw married
her. The affidavit. the authentic source stated,
has since been destroyed. The denials Of the de-
fence said to been based this knowl-
edge. but learned from the same authentic
source that a record OF the Thaw affidavit is in
existence and is in the District Attorneys pos
session. This record is available for the trial. and
will play prominent part in the case for the
prosecution. It viii not be necessary for any law
yer to testify to It, counsel cannot TESTIFY
against their own clients unless desrous of doing
The record IL is said stands for itself, and Is
as complete the original affidavit.
The District Attorneys Office also has knowledge
that Mrs Thaw, then Miss Nesbit. did pay a visit
TO the Office of Howe & Hummel: that she did have
a consultation with Mr.. Hummel. and II is alleged
that the affidavit in question was the result OF
that interview the case being Mr.. Hummel's per-
sonal matter, and not part OF the Office business
Confirmation OF the signing and existence OF the
affidavit was also given at the Offices Of Howe g.
HImmel Abraham H. Hummel who acted as
counsel in the is in Saratoga but other men-
hers Of the firm stated that the affidavit was re-
membered; that Mr.. Hummel did have 1t IN his
possession and that It contained serious charges
which Evelyn Nesbit made against young Thaw
The inference was made that by the possession OF
this affidavit Miss Nesbit procured her marriage TO
Thaw. thus gaining social position and wealth
PRIVATE DETECTIVE EXAMINED.
Assistant District Attorney Ga-van had Paul
Bergof the private detective who worked TOT
White before him yesterday and examined him fur
ther about his work. BergoT told OF DONG Work
for both Abraham H. Hummel and Delaney
Nicoll the counsel White and said he furnished
copies Of his reports to both Of them Each re-
ceived copy each day. the original going to White
Mr. Garvan desired those copies. and BergoT got
them for him from the lawyers yesterday AFTER
noon They said to contain much valuable ln-
formation and substantiate statements made by
Bergon few days ago.
when ex-Judge William NJ K. OlcOtt returned 70
the city yesterday morning from his rest over the
Fourth he hastened to the Tombs to confer with
Thaw regarding the alleged breach OF promise
affidavit He remained with him for over an hour.
and Fred w LongfelIow, associate counsel, Joined
him Mr. Olcott later gave out denial Of the ex-
istence Of the affidavit. He said:
'I am glad to deny positively that such an
ticularly to talk to Mr.. Thaw about it. He told me
that had better this matter up, and said he
believed against him had started the
story. I authorized by Mr.. Thaw to announce
as coming from him that there is absolutely moth
ing in the report. I have enough reliance in the
good and honor Of Mr.. Garvan 20 believe that
he will he has never seen the affidavit. it has
never been offered 20 him. and. what is more. he
does not know It exists Mr.. Thaw told me he had
never heard Of it, had never seen or been served
will OF TTa TiIrfh me
his wife had intended TO sue him for breach
Of promise In any other action. and he did not
know Of any such document. You can't make It too
strong. On my word Of honor 7 believe no such
document existed
How did Thaw believe such a story started?'
Mr.. Olcott was asked.
He believes his enemies started it. You can
quote me about this. and you can't make IL too
strong. I don't care to discuss the case further
except to say that progressing rapidly in
collecting evidence to substantiate our defence"
Following this denial. the authentic statement
that the document had existed but had been de-
stroyed. was made by those closely connected with
the District Attorneys office. Mr.. OIcotts denial
that Mr.. Garvan had ever seen it. or that it had
ever been offered to him. said to be true
well as the denial 1t existed: the destroying
Of the affidavit making that possible. It is said
however, that counsel who knew about the docu-
ment can be sworn the witness stand TO prove
to the jury that the document existed and as to
the contents.
THE Nesblt case handled by Mr.. Hummel
He all the papers. and is the only member
Of the firm who has any right to talk about it.
He is out Of town at present. but will later
and II any statement is to be made Il will come
from him. 1 do not know what the facts of the
case in the District Attorneys possession are.'
1t is understood that Mr.. Garvan had made ar
rangements to talk with Mr.. Hummel yesterday
but Mr. Hummels absence from the city prevented.
Mr. Hummel however. it is said has expressed ~
willingness to confer with Mr.. Garvan as
he returns and tell what he knows about the docu-
eral hours Yesterday afternoon, and it is thought
conferred with other members Of the firm of Howe
& Hummel.
MRS. THAw LEAVES TOMBs SMILING.
Shortly after the consultation between Mr. Olcott
and Thaw began in the Tombs yesterday morn
ing Mrs. Thaw arrived and waited for 1t to end.
| Mrs. Thaw did not arrive until about noon. think
ing she would thus be able to avoid the crowds
manned with her husband until o'clock. the time
that all visitors have 10 leave While she was there
! Josiah c. Thaw. brother of the prisoner. also
! called and remained for twenty minutes. Mr. Thaw
refused reply to questions. Mrs. Thaw was smil-
! ing and apparently much happier when she left.
the denials Of her husband having evidently lifted
load from her mind.
/ Mrs. Thav drove eX-Judge Olcotts office,
" ere she remained in conference nearly all the
afternc0a l.unc con %3s sehI IN 70 heI tAete, ana
Mr.. Oicott. Mr.. Longfeilow and Mrs Thaw again
/ Mr. Garvan devoted much of mis- time yesterday
to further examination Of the heads OF detective
agencies that were engaged by White and ThaW.
ne = Bengta raqF told Id Mr. Claryan hat he was en-
1 Hun.nel. Of Howe & HummeL and Delaney
NicoI To both Of whom he furnished copies of
/ his reports on the work accomplished. Mr.. Garvan
sent EergOff TO each of these lawyers OFFICES, and
lawyers He viii devote considerable time to-day
70 Allan w Evarts counsel for the White family
/ also conferred with Mr.. Garvan yesterday He re-