Omaha daily bee., 1907-03-16
; ELS TESTIMONY Is IN
,sr Allowed to Tell Story Of Alleged
Afidsvits BY Mrs Thaw
SEVERE CROss-ExAMlNATION BY OELHAs
witness Forced TO Admit that He Is
Now Under Indictment on
Charge of Procuring
False Ahldavits

NEW YORK. March 15l-with Attorney
Delmas fighting him every inch of the
way, District Attorney Jerome secured from
Abraham Hummel his story as to the afi-
| davit which It is alleged Evelyn Nesbit
made in the lawyers ONCE in 1903 charging
Harry K Thaw with beating her when she
had told him that the statement that STAN
/ ford White had drugged and ruined her
was not true. Mr. Delmas. first objecting
broadly to all Of Hummers testimony, Of
| fered a specific objection to each question
put by the prosecutor. Justice Fitzgerald
| overruled every objection and Mr.. Delmas
noted exceptions.
Evelyn Nesbit Thaw was called to the
stand in the effort OF the defense to keep
Hummel silent. She declared she had called
upon Hummel in his professional capacity
and to seek his advice a lawyer. Stan
ford White had taken her to the lawyers
office with that end in view.
Justice Fitzgerald declared that admitting
| the proposition Of counsel and client, Mrs
| Thaw herself had waived the professional
privilege by taking the stand early in the
case and giving her version of what trans
pired at Hummers Office The bond OF
secrecy once removed could not be re-
established.
HummeI Admits shady Record.
| Unsuccessful In blocking Hummels testi-
mony, Attorney Delmas. in cross-examining
the witness brought from his own lips the
fact that he had been convicted in De-
cember, 1906, on a charge of conspiracy in
the same court room in which Thaw is
being tried. He further admitted that two
indictments for subornation OF perjury arc
pending against him and that one of these
indictments charges him with having
Jerome protested against the witness
being dragged through the humiliating de-
tails of his trial but Justice Fitzgerald
declined to interfere. Then Mr. Delmas
asked Hummel IL he had not heard the
speech made by District Attorney Jerome
when sentence was about to be imposed,
| when Mr.. Jerome urged the court to pass
the longest and heaviest sentence within its
! power upon Hummel as "he had been a
menace to the community for twenty
years" Justice Fitzgerald finally sustained
an objection to this and Hummel was not
compelled to answer.
Mr.. Delmas wanted to know IL Hummel
had any more recent business transactions
with the district attorney and asked IL
Mr.. Jerome was pressing the charges
against him.
HE certainly is." said the witness with
spirit
Hummel's testimony in brief was to the
effect that Evelyn Nesbit told him among
other things that Thaw had beaten her
when she had refused to sign papers he
had prepared charging Stanford White with
her betrayal; that he had dictated state
ment 70 stenographer in the presence of
Miss Nesblt and stanford White; that he
gave the afEidavit to two Of his clerks
TO take to Miss Nesbit in the Madison
Square garden tower and that the next
day the paper was returned to him with
Evelyn Nesbit's signature attached. He
kept the afidavit until Miss Nesbit called
one day and demanded It. He refused to
give II to her and turned It over to Stan
ford White, advising him TO have a pho
tographic copy made.
HummeI COntradicta Himself.
Hummel first said he had himself ar
ranged for photographing the afidavit and
that the photographer came to his office
few moments later he completely con-
tradicted himself on this point, saying he
did not make the arrangements; that the
photographer did not come TO his office and
that he had not 30 testified After Stan
ford White had the copy made he returned
the original Of the afldavit the photo
graphic negatives and the prints made
from the negatives to Hummel, who swore
today that he subsequently delivered the
original to Miss Nesbit and has not seen
II since.
Abraham snydecker, one of Hummei's
clerks. was called and said he took the
afiidavit to Mr. Whites rooms in the tower
and handed 1t to the woman pointed out
to him as Miss Nesbit. She kept the am
davit for five minutes and signed 1t. saying
she had read It through.
At the conclusion OF this testimony. Dis
trtct Attorney Jerome asked permission to
, introduce the carbon and Photographic
copies of the affidsvit In evidence. It was
near the closing hour and Mr.. Delmas
asked that adjournment be taken before
| arguing as 10 the admissibility OF the af-
hdavit He said that after reading the
paper over he might not object to its being
offered in evidence.
Coming as 1t does" he added, ''in such
, Questionable shape. we may deem 1t best 70
have the paper SO In evidence"
Experts Not CrOss-E1amined.
District Attorney Jerome completed his
medical testimony in the morning Attorney
Delmas for the defense declining TO cross
examine any Of the experts. DR.. Flint,
who testified yesterday was excused, and
then hve other aiienlsts were called one
after another. Each said he was familiar
with the hypothetical questions framed by
: the defense and by the prosecution Basing
: their opinions on these questions they all
declared that Thaw on the night ne shot
and killed Stanford White knew the na-
ture and quality OF his act and knew that
the act was wrong One question was put
. by Mr.. Hartridge Of the defense to DR..
William Mahon, the last Of the states ex-
perts.
"Do doctors OFTEN disagree as to the form
OF a mans insanity2" he asked
Mr.. Jerome's objection was overruled and
I DR.. Mahon replied:
"They do"
Mr.. Jerome announced that when the
matter OF the admissibility OF the Hummei
ahidavit Is disposed OF the prosecution will
rest.
The defense, however. will not" said
Mr.. Delmas. and he further intimated that
more experts viii be called by him on sur
rebuttal.
| Adfos,rpn,enf WAS talra,, Y,nttf NFonaa,.