The Washington herald., 1907-03-14

New York. March 13-In no uncertain
language District Attorney Jerome out
lined to Justice Fitzgerald to-day what
he viii prove if the affidavit which the
prosecution says Evelyn Nesbit made in
Abe HummeTs office is admitted in evi-
dence. 1t was the first statement in
court during the Thaw trial as to what
this affidavit contains.
Jerome contended that the affidavit was
competent evidence, in an effort to show
the jury that the young woman never
told TO Harry Thaw in Paris. in 1908. the
story she says she did The affidavit
was made, according to Jerome few
days after she returned from abroad, and
after she had left Thaw in Paris.
Jerome Makes Long speech.
IN addition 20 quoting various authOTi-
ties To show that the affidavit should be
admitted in evidence jerome made a
long speech pointing out what was in the
affidavit 1t WAS the strongest and most
effective speech he has made during the
trial and at no time did Delmas attempt
to interrupt him, which caused some
surprise.
jerome declared that ia this affidavit
Evelyn Nesbit SWore that she had never
told the story about White and further
more, Thaw had tried 10 induce her 10
sign papers in proceedings to get White
IN jail, using the story as basis. but
she told him it was not true, and that
when he insisted that she sign some pa
pers and she refused he beat her, lashed
her with a whip until her skin was
iacerated.
jerome put all the force he had into
the speech. II WAS something the jury
should know, ne said, if. as The defense
contended, Thaw'S mind was mhinged
by hearing this story in Paris. II was
one OF the vital issues in the ease, and
went 20 the question of Thaw's insanity
at the time he killed White
DeImas Not Prepared.
When jerome got through. Delmas said
he was not prepared 10 reply 10 Jerome-s
argument and asked for an adjournment
in order 20 look no authorities. Jerome
took advantage of this motion 20 ask for
an adjournment for the day, saying that
he had not prepared his hypothetical ques-
tiOn, but that he would have il ready to-
morrow morning. This was satisfactory
70 Delmas. who viii make his fight against
the admission of the affidavit tomorrow
morning
Even if the affidavit is not admitted in
evidence II VIII be very difficult thing
for even the most conscientious juror 10
eface from his mind the effect of Jerome s
speech. When she was on the stand
young Mrs. Thaw said she went to Hum
mels Office. and told him certain things
and that he dictated something 10 "a
steHographer, which she did not know
anything about.
Afiidavit Borne Out.
Jerome's contention viii be. however.
that everything in the affidavit is borne
out by what she has testified to as to
what happened in Paris, and that he could
not have learned of these things except
from the young woman herself
In making his motion for an adjourn
ment 90 tomorrow morning. Jerome gave
an Indication Of how long the trial viii
last. He said he would have no more wit
uesses, after the affidavit had been dis
posed Of than the experts. There win be
eight of them, but they VIII all be sworn
at the same time, when the hypothetical
question viii be read 10 them. Jerome
said that his case should be through by
Friday. Unless there is some sliD-up. the
jury should have the case by the middle
of next week