The Montgomery advertiser., 1907-03-19
Jerome Formally Rests Case
 of People Against Harry 7halD.

s5 pr. William A. wyths. medical super ] for the Insane. Washington. D. O., and ! pr. Minas Gregory, in charge of the pavilion for the insane at Bellevue Hospital. this city.
 The other four experts for the de- | fense are.
 Drs. Britton D. Evans and Charles | c. Wagner. who already have been on | the stand, and Dr. Smith Ely Jeliffe and Dr. Graeme M Hammond, who have l not as yet been called but have been l in court daily.
 Z MT. Delmas objected to the intro~i | duction of the print also and long | argument ensued.
 1 Delmas Figbts Desperately. | Mir. Deimas said the photographic l copy of the afidavit could not be in-' | troduced to contradict Evelyn Nesbit | Thaw for she was not shown the copy I on the witness stand and had no op- | portunity either to affirm or deny her signature. MT. Delmas argued further | that the copy of paper was not com | potent evidence on which to contradict a witness. He cited case in which
 a court had held that original papers | only could be Introduced as evidence \ and that even certified copies of papers | were incompetent.
 District Attorney Jerome went to ] some length in explaining that the | original of the Hummel affidavit had | been traced to Mrs. Thaw's hands and | she had said no such paper existed. i Under these circumstances. he said, he | should be allowed to introduct sec l ondary evidence in the shape of copies of the original paper. The evidenciary value of photographic copies, he con- | tended. had frequently been sustained | by courts. NE. TaaJ,oas nonoIudad lie arCumant | by saying that if the district attor- | ney would put Evelyn Nesbit Thaw on l the stand and let her say whether or not she made the statement contained | in the paper and whether or not she | knowingly signed the paper. he would | not offer the slightest objection to the
 affidavit going in evidence MT. Jerome had started to reply to 1 MT. Delmas, when the latter jumped to
 his feet and said:
 | "Oh. well, let the whole thing go | in. I withdraw all objections" MT. Jerome then proceeded to read ] to the jury the carbon copy of the af- fidavit. It was headed:
 | Read the Amdavit. l Supreme Court, County of New l York; Evelyn Nesbit, plaintiff, versus 1 Harry Kendall Thaw, defendant" l In the affidavit Miss Nesbit says | that she was eighteen years of age. 1 having been born on Christmas Day, l 1884. During June, 1903, she said, she went to Europe with her mother at | the request of Thaw. They remained | in Paris for a time and then went to Boulogne. Miss Nesbit and her mother | remained there while Thaw went to | London. He returned for them and | they went to London. Then Thaw and | Miss Nesbit made trip to Holland, | Germany and the Austrian Tyrol They | 4(n hA | names of Mir and Mrs. Dellis. | The afidavit tells of Thaw having | leased a castle in the Australian noun | tains where Miss Nesbit and Thaw con- | tinued to live as man and wife. While | at the castle it Is alleged that Thaw | tore a bath robe from the girl and leaving her absolutely naked attacked l her with @ cowhide whip.
 | q saw he was terrorized," said Miss | Nesbit in the affidavit, "and his eyes | were glaring. He threw me on bed | and when I started to scream he put his fingers down my throat and tried to choke me. Then upon my bare skin
 he struck me several severe and vio- lent blows with the cowhide whip. So
 brutally was I beaten that my skin
 was left bruised and cut.
 After the first beating he attacked | me again and again for a period ct | several minutes beat me. He acted | like a demented man. I screamed but l we were far at one end of the castle
 and my cries could not be heard by the servants When Thaw finally left me was unable to move.
 "The next day he repeated the at tack upon me and unmerciful1y beat
 me. For three months l was nervous. During this time I was in fear he
 would take my life.
 Beat Her On Legs.
 Prom Austria we went to Sw1tZer- land, where one day when I was in my night gown Thaw attacked me and
 beat me on my bare legs below the
 knee. He continued on the slightest
 pretext to beat me. Afterward we
 went to Paris, where Thaw for an en- tire day at intervals of half an hour
 beat me continually with rattan
 whip.
 He beat me each time and was
 left swooning and fainting and could not realize all that happened
 While we were in Paris one day l
 found a small solder box containing g
 needles. asked him about them and
 he said he had been i'll and compelled
 to use cocaine. It was then for the
 first time that knew he was addicted
 to the use of cocaine. I afterwards
 saw him take the drug internally by
 small pills. He attempted to make me
 take one of the pills"
 While in Paris, the affidavit goes on,
 Miss Nesbit was extremely nervous and was confined to her bed for two weeks Thaw made her write letter to Miss
 simonton asking her to go to Lon l don.