Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-03-16

"Win your honor admit that2"
Justice Fitzgerald said he would.
and Mr.. Hummel said his trial had
been stopped on account OF his APP
peal, the two pending indictments in-
volving the same transactions as the
conviction for conspiracy.
IF the purpose Of this line of ex.
animation is to show bias ON the part
of the witness. il Is proper' re-
marked Mr.. jerome. but would like
to go upon the stand and show the
status of the case
THE district attorney has a perfect
right to call any witness. includins
himself" replied Mr.. Delmas.
What Is the penalty involved il You
are convicted upon the pending in
d~ictment?" asked Mr.. Delmas of
Hummel.
The maximum penalty is three
years on each
MIR. Delmas next brought out from
Hummel that he had been disbarred
from praeticing law in 1872 on
charges OF bribery, Hummel de-
clared he was restored.
The witness admitted that he Is now
under suspension and q petition for his
disharment is pending. Hummel was
then excused and Abraham Snydecker,
one Of his clerks, a notary. was
called.
Snydecker said that in company
with Jacobsen he had taken the origt-
nal COPY of the affidavit to the Madl-
son Square Garden Tower where he
was shown into an upper room. lie
handed the affidavit to Miss Neshit,
who held it In her hands for tive
minutes, more OF less, ana then
signed it.
Il asked her if she had read it ano
she said yes went on the witness,
and hen | signed my name as no
tary.''
on cross-examination. Snydecker
said he did not know whether the
room i'm which the was signed
was an office or a BEDROOM had
two chairs. he remembered.
Snydecker said he had never seer
Evelyn Nesbit before that evening OF
since.
He said he had been in Ilummcrs
employ w to the time of the latter's
suspension from practice.
SnydeCkeT was excused n District
Attorney Jerome Immediately ten
dered the COPIES of the affidavit in
evidence.
Mr.. Delmas said he was not pre-
pared to state whether or not the de-
Tense would offer any objection TO adj
hitting the copies of the affidavit in
evidence. He would like. however, to
have the opportunity of examining the
paper and consulting with his ASSOC
ciates before committing himself and
therefore moved an adjournment to be
taken until Monday morning.
whether | shall object to this pa
per going into evidence, continued
Mr.. Delmas, lis debatable in my mind.
Coming, as it does. in such "a cues
tionabie shape. | am not SURE but what
il would be better IL go in.
Justice Fitzgerald suggested that
counsel should consult before Monday
morning to see If they could agree on
admitting only the material PARTS or
the affidavit.
Mr.. Delmas said he thought that IL
any Of the paper went in it would all
have to go in.
Mr.. jerome objected to adiournine,
Notwithstanding the fact that the
usual hour had arrived. lie said that
as soon as the matter of the affidavit
was concluded the people would rest
their case, He said he would like 70
get through today. Mr.. Jerome then
asked Mr.. Delmas If the defense would
also rest after the affidavit is admit
ted or ruled out. TO this ThaW's lead
ing attorney replied:
81 can assure YOU mos; positively
that we wiz not rest
"Can YOU tell me how long YOU win
require on sur-rebuttal?" asked Mr..
Jerome.
Il can give you no estimate said
Mr.. Delmas.
'Nill / have to prepare myself to
Cross-eXamine n more learned eN-
perts ." asked Mr.. jerome
you doubtless will concluded Mr.
Delmas.
Adjournment until Monday morning
was then taken.
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Strawberries at the Monarch today,