The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-14
HUMMEL IS QUICK
Answers Jerome's Questions Re-
fore Delmas Can Object.
District Attorney Succeeds in
Getting What He Wants.
SAYS LET 1T STAND.
Counsel for Defense Declines to
Change the Record.
Hypothetical Question Covers
3S Printed Pages.

New York. March 14.-Abraham
Hummel, on the witness stand at the
trial of Harry X Thaw. today declared
that Evelyn Nesbit told him in 1908,
that she had told Thaw in Paris that
It was not true Stanford White had
drugged and betrayed her. The an
swer to a question by District Attorney
/ Jerome was made so quickly that the
counsel for the defense had no time to
interpose an objection. but Mr.. Delmas
let the answer stand. saying there was
no occasion to strike it out after it had
once beer given TO the jury, adding
Significantly that he preferred it
should remain part of the record.
In addition to Doctors Austin Flint,
| William Mabon and Carlos MacDon-
aid. who have been in court every day
since the trial began, Mr.. Jerome will
| call DIR. Devendorf of the state hos
pital at Middleton, Conn, and also
professor of mental diseases at Yale
university; DR.. William B. Pritchard
| of the New York Polytechnic institute;
DR.. William w. Hirsh, of the Cornell
medical school; Dr. Albert Warren
Morris. of the College of Physicians
and Surgeons, New York, and DR.. Al
/ Ian NcLane Hamilton.
Mr. Jerome's Hypothetical question
for submission TO experts came from
the printers today. Mr.. Jerome dis
tributed copies among the attorneys
and the alienists. both for the prosecu-
ton and defense. Harry Thaw him
self took copy of the question, which
covers 3S printed pages and read it
through carefully while Mr.. Delmas
was arguing.
Clash Over HummeI.
j New York. March 14.=After Abra-
ham Hummel had been called to the
stand at the opening of the Thaw trial
today, Mr.. Delmas began his argument
IN reply to District Attorney Jerome as
to the admissibflity of the evidence
Hummel has to offer regarding the af
/ fidavit Evelyn Nesbit is said to have
made in his office.
/ The district attorney claimed that
this evidence, if allowed. would tend
to show that Evelyn Nesbit may not
have told the defendant the story
which is said to have made him insane
Dr. Allan McLane Hamilton. the
! alienist. who was employed by Thaw
soon after the tragedy but. who now
was in court today along with the other
l experts for the prosecution. Mr.
Jerome may call eight experts in all.
In beginning his argument. Mr.. Del
mas touched first upon the point of the
! professional relations existing between
| Evelyn Nesbit and HummeI at the
time the affidavit was made. HummeI
| denied yesterday that he was acting
for the girl. saying he was employed
by Stanford White and that no legal
action was contemplated in behalf of
Miss Nesbit.
1--WE still contend" said Mr. Delmas.
| that this witness was acting in the
capacity of attorney to this girl. 1t is
not for him by his word to deny that
such relation existed. However, we
will reserve that objection
! Mr.. Delmas then turned to the
question of the admissibility of evil
dence contradicting the statements of
a witness made out of court.
Mr.. Delmas referred to certain au-
/ =, Fo1 h fe4r
rome yesterday in support of the ad-
missibility of such testimony and said
| he was amazed to find that one of the
| decisions mentioned states exactly the
reverse of what the learned district at
| torney announced" Much of what the
district attorney said yesterday Mr.
| Delmas declared. objectionab Bile
but allowed him to talk of much that
is not in the evidence here and that
might have been objected to- because
was willing to trust to the fair minded
ness of this jury, which is my only pro-
/ lection"
All Objected To.
Mr.. Delmas then took up the ques-
ton which Mr. Jerome asked Mr. Hum
mel and said it was objected to clause
by clause and explained where. in his
opinion, each one was Objectionable.
The question called for a reply from
Hummel as to what Miss Nesbit told
him in his office-as to whether she told
him Thaw had stripped and beaten her
and that the charges against White as
to her ruin were not true.
Mr.. Delmas closed his argument by
asking that the court rule out Hum
mel's testimony as improper and having
no bearing on the case.
Mr.. Jerome answered Mr.. Delmas
briefly claiming that as Mrs Thaw's
statements on the stand had been direct
and positive he must be allowed to con-
trovert them.
After the arguments were concluded
Justice Fitzgerald said:
The cases cited are not proper au-
thority on the question under consider
alton. The objection must be sus-
tained.'
This ruling seemed to bar all of Hum
mels testimony. but Mr.. Jerome pro-
ceeded to question him and soon there
was a dramatic clash with Mr.. Delrnas
AT the interview in your office" ask
ed Mr.. jerome, did Evelyn Nesbit
prior to your debating anything, tell
you that she had told Thaw that it was
not true that Stanford White had drug
ged and ravished herr"
Mr.. Delmas was on his feet to OBJ
iect but before he could do SO. and
imm ediately after the district attorney
had ceased to speak Hummel said in
a loud voice
.'She certainly did.
Mr. DeImas looked at the witness.
and with scorn in his voice, said:
''And you call yourself lawyer"
Mr.. Jerome asked Mr.. Delmas to ad-
dress his remarks to the court He
further said he understood Mr. Del
to an answer to such question as was
asked the witness His assistant. Mr.
Garvin, had told him Mr. Delmas had
made such a statement while he
(Jerome) was out of the room.
II made no such statement" de-