The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-16

Yes
And the other charges you with
procuring false testimony in same pro-
Yes SIR
you appealed from your -convic-
ton, 1 believe; Was it confirmed?"
ting up 'On the other hand, I OBJ
tanned a certificate of reasonable doubt
as to the legality OF my conviction"
is District Attorney Jerome urging
the case against you?''
He certainly isl
rs he urging a speedy trial for you
on the two indictments for felony?'
Mr.. Jerome objected and addressing
the court, said:
''Win your honor admit that?"
Justice Fitzgerald said he would,
and Mr.. HummeI said his trial had
been stopped on account of his appeal,
the two pending indictments involving
the same transactions as the convic-
ton for conspiracy.
If the purpose of this line of ex-
animation is to show bias on the part
OF the witness it is proper" remarked
Mr.. Jerome. tsbut I would like to be al
flowed to go onsthe stand and show the
status of the case"
The district attorney, has a perfect
to call any witnesses including him
self" replied Mr. De11nas.
What is the penalty involved If
you are convicted on the pending in
dictments? ?" asked Mr.. Delmas of
Hummel. 80
THE maximum penalty is five years
on each.''
Mr.. Delmas next brought out from
Hummel that he had been disbarred
from practicing law in 1872. on
charges of bribery. Hummel declared
he was restored after two years The
| witness admitted that he is now under
suspension and a petition for his dis
barment is pending. Hummel was
lthen excused and Abraham Snydecker,
| 10
called.
| Snydecker said that in company
with Jacobsen he had taken the orig
| inal copy of the affidavit to the Madi-
was shown into an upper room. He
handed the affidavit to Miss Nesbit
who held it in her hand for five min
utes. more or less, and then signed it.
81 asked her if she had read it and
: she said yes" went on the witness,
land then I signed my name as
notary"
On cross examination Snydecker
said he did not know whether the
room in which the paper was signed
was an office or bedroom-it had
two chairs he remembered.
/ Snydecker said he had never seen
EVELYN Nesbit before that evening or
since.
He said he had been in HumrneTs en-
ploy up to the time of the latter's sus-
pension from practice.
| Attorney Jerome Immediately rendered
the copies of the affidavit in evidence.
| Mr. Delmas said he was not prepared to
state whether or not the defense would
| offer any objection to admitting the
| copies of the affidavit in evidence. He
would like, however, to have the OPP
portunity of examining the paper and
consulting with his associates before
| committing himself and therefore
moved an adjournment be taken until
Monday morning.
Whether shall object to this paper
going into evidence" continued Mr..
Delmas, lis debatable in my mind.
| Coming as it does in such questionable
| be better to have it go in
Justice Fitzgerald suggested that
| counsel should consult before Monday
morning to see If they could agree on
admitting only the material parts of
the affidavit.
Mr.. Delmas said he thought that If
any of the paper went in 1T would all
| have to go in.
Mr.. Jerome objected to adjourning
notwithstanding the fact that the usual
hour had arrived. He said that as soon
as the matter of the affidavit was con-
cluded the people would rest their case.
| He said he would like to get through to-
day. Mr. Jerome then asked Mr.. Del
| mas if the defense would also rest after
| the AFFIDAVIT is admitted or ruled out.
To this Thaw's leading attorney re-
piled:
IT can assure you most positively that
we will not rest"
| Can you tell me how long you will
require on. subrebuttal?" asked Mr.. Je-
rome.
| sI can give you no estimate said Mr..
| Delnas.
will 1 have to prepare myself to
| cross examine any more learned ex-
| perts?'' asked Mr.. Jerome.
You doubtless WILL concluded Mr..
| Delmas.
Adjournment until Monday morning
| was then taken.