The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-16
Fighting to Stop Testimony as TO
Affidavit DeImaS Makes Wit
ness Admit a Conviction
MRS. THAW ON STAND SAYS
He WAS HER ATTORNEY
HummeI SWears She Told Him ThaW
Beat Her When She Would Not
Sign Papers Accusing White.
Experts Testify.

New York March 15-Wth Attorney.
Delmas fighting him every inch of the
way, District Attorney Jerome today Sc
cured from Abraham Hummel his COM
plete story as to the affidavit which 1t
is alleged Evelyn Nesbit Thaw made in
the lawyers office in 1903, charging Harry
X. Thaw with beating her when she told
him that the statement that Stanford
White had drugged and ruined her was
not true. The Hummel testimony came
during the afternoon session, and Mr..
Delmas first objected broadly to al of
Hummers testimony then. offered a speci-
fc objection to each question. Justice
Fitzgerald overruled every objection and
Mr.. Delmas had exception noted to the
rulings.
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 as a
lawyer. Stanford 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, had herself waived the
professional privilege by giving her YER
sion of what transpired at Hummel's Of
flee early in the case, the bond of Sec.
recy once removed could not be re-estab-
lisheda
Unsuccessful in blocking Hummers
testimony, Attorney Delmas in cross-ex-
animation brought admissions that the
witness had been convicted in December,
1903 on a charge of conspiracy in the
same court room in which Thaw is being
tried that he further admitted two in
dictments for subornation of perjury are
pending against him, and that one of
these indictments charges him with hav-
ing caused false AFFIDAVIT TO be made.
Mr.. Jerome protested against the wit
ness ''being dragged through the humi-
iatng details" of his trial. but Justice
Fitzgerald declined to interfere Then
Mr.. Delmas asked Hummel If 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 possible sentence within its
power upon Hummel, as he "had been a
menace to the community for twenty
years"
Justice Fitzgerald oyerruled an objec-
ton to this and Bummel was compelled
to answer
Mr.. Delmas asked Hummel if Mr.. Je-
rome is pressing the charges against him.
HE certainly is," said the witness
Hummeis testimony in. brief was that
Evelyn Nesbit had told him among other
things that Thaw had beaten her when
she refused to sign papers he had pre-
pared, charging Stanford White with her
betrayed; that he had dictated a state
ment to a stenographer in the presence
of Miss Nesbit and Stanford White; that
he gave the affidavit 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 affidavit until Miss Nesbit called
and demanded it. He refused to give it
to her and turned it over to Stanford
White, advising him to have a photo
graphic copy made. Hummel first said
he had himself arranged for photograph
ing the affidavit, and that the pho
tographer came to his office. A few mo-
ments later, however he completely con-
tradicted himself ON this point, saying he
did not make the arrangement that the
Photographer did not come to his office,
and that he had not SO testified.
After Stanford White had the copy made
he returned the original of the affidavit,
the photograph negatives and the prints
made from the negatives to Hummel, who
swore today that he subsequently deliv-
cred the original affidavit to Miss Nesbit,
and has not seen 1t since.
Abraham Snydecker, one of Hummel's
clerks, testified that he took the affidavit
to the tower and handed 1t to the woman
pointed out to him as Miss Nesblt. She
kept the affidavit for five minutes and
signed it, saying she had read it through.
At the conclusion of this testimony. Dis
trict Attorney Jerome asked permission to
/. introduce the carbon and Photographic
copy of the affidavits. 1t was near the
closing hour and Mr.. Delmas asked that
adjournment be taken before arguing as
to the admissibility of the affidavit. He
saf> that after reading THE papers over
he might not object to its being offered in
evidence.
Coming as it does" he added, Sin such
questionable shape, we may deem it best
to have the paper go in evidence"
District Attorney Jerome completed mis-
medical testimony during the morning
session, Attorney Delmas declining to
eross-examine any of the experts. Dr.
Flint who testified yesterday, formally
was excused. and then five other alenists
were called, one after another. Each said
he was familiar with the hypothetical
questions framed by the defense and pros
ecution. Basing their opinions on these
questions, they all declared that Thaw
on the night he shot and killed Stanford
White knew the nature and quality of his
act. and knew that the act was wrong
One question was put by Mr.. Hartridge
of the defense to DR.. W iilam Mabon,
the last of the states experts.
Mr. Jerome announced that when the
matter of the admissiblity of the Hum
mel affidavit is disposed of the prosecu-
tion will rest
.'The defense, however, will not" said
Mr. Delmas and he further intimated that
more experts will be called in sur-re-
buttal.
Adjournment was taken until Monday.
At the opening of the trial today Dis
trtct Attorney Jerome consented to