The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-13
Jerome Rests Success of Case
Against Thaw
On the Testimony of the Noted
New 1Ork Lawyer.
THE COURT ADJOURNS
To Allow Mr.. Delmas to Prepare
an Argument
Designed to Prevent the Ad-
mission of the Testimony.

New York, March 13-There was but 6
short session today of the court trying
Harry K. Thaw for the murder of Stan
ford White, adjournment being taker
shortly after noon until tomorrow morn
| ing. This action was taken partly tC
allow Mr.. Delmas an opportunity to
consult the authorities and prepare an
argument in reply to an impassioned
appeal by District Attorney Jerome for
the admission of testimony by Abraham
| Hummel in contradiction of Evelyn
/ Nesbft Thaw's evidence characterized by
! Mr. Jerome as the central support of
! the defense and partly on the statement
1 of Mr.. Jerome that if he were allowed
| the afternoon in which to complete the
| hypothetical question to be put to his
| experts he thought the state could close
| its case in rebuttal tomorrow night. He
| said he had been assured by Mr.. Del
! mas that his cross examination of the
| alienists would not be long.
| The matter of Hummel's testifying
| was then still undecided. Mr.. Jerome
spoke for more than an hour today,
contending that Hummers testimony
| is the most vital in the case.
Il will show" declared the district at
torney. that this woman who was Ev
elyn Nesbit. swore under the solemnity
of an oath, that she had been beaten
by Thaw in Paris because she would not
sign papers he had prepared and which
falsely accused Stanford White of
drugging and betraying her.
Mr.. Jerome dclared that the material
issue of the case was as to whether
Evelyn Nesbit told her story 20 Thaw
in Paris The testimony of Hummel
and his stenographers Abraham Sny-
decker, who also will be called a wit
ness, would go far in proving to the
jury that she did not tell such story
to the defendant.
IF she did not tell that story" con-
tinued Mr.. Jerome. then the case of
this mans insanity disappears, and the
hypothetical question on which the
learned experts for the defense based
their opinion as to their insanity disap-
pears, claim the right to show that
Evelyn Nesbit herself has denied the
story she told this jury -
Smith Completes Testimony
New York March 13.-James
Clinch Smith, Stanford Whites
witness in the Thaw trial this morning.
Mr.. Smith was late in arriving and
Mr.. Jerome summoned Abraham
Hummel to the stand. Scarcely had
Hunme1 taken his seat. when Smith
appeared. Thereupon Hummel was
temporarily excused.
Mr. Smith was questioned by Mr..
Delmas for the defense as to the
CdDl6Sfam from MI Jerome summon
ing i'm to appear as a witness.
Mr.. Smith said he did not have eth
er the original of the cablegram or a
copy. AS remember the message
said Mr.. Smith. "it read; Your evil
dence most important. Your attend
ance desired He had first COM
municated this evidence to his law
yers.
Mr. Smith said he returned to this
country on February II and com
municated with the district attorneys
office on the 18th. He had reduced to
writing his conversation with Thaw
on the Madison Square roof garden
and had shown the memoranda to his
counsel and Assistant Attorney Car
vim. Mr. Delmas had no further ques-
tions and Smith was excused.
Abraham Hummel again took the
stand. He had testified before the ar
rival of Mr.. Smith that he saw Evelyn
Nesbit a his office October %, 1903, |
after her return from Europe. |
Evelyn Nesbit on October 81. dictate
something to stenographer?" asked
Jerome
Delmas promptly objected on the
ground that this was not in rebuttal |
of any testimony offered by the de-
fense.
Justice Fitzgerald cverruled the OBJ
lection.
yes, sir" answered the witness.
Did Mrs. Thaw tell you that Thaw
wanted to injure White and put him
in the penitentiary and that Thaw
begged her time and time again to
swear to documents he had prepared |
involving Stanford White and charging
that he had drugged and ruined her,
and that Thaw had beaten her because
she would not sign the paper?" asked
Jerome.
.Delmas arose to state the ground for
an objection. He asked Hummel if
at the time of the conversation with
Miss Nesbit he was acting as her legal
adviser and attorney.
Acting for White.
"I was acting only for Stanford
White replied the witness.
And you did not contemplate some
action in Miss Nesbit's behalf?"
mo, there was no legal action con-
templated so far as she was con-
ccrned.
There was no communication be-
tween the witness and Miss Nesbit as
counsel and client.
Il must object" said Delmas, "to
the question. on the ground that it is
not proper rebuttal
Before the court could rule. how
ever Jerome put further questions to
he witness which had reference to the
payments he received from Stanford
White for legal services. The amount
paid fer this particular item of SER
vice witness said. was about $10O-
Delmas renewed his general objection.
"It is not rebuttal." said Delmas:
st is also immaterial and irrelevant
md not proper testimony"
Mr.. Jerome proceeded TO argue the
points of law involved.
Mr.. Jeroma's contention was that II
t could be shown that under oath Miss
Iesbit denied thet she told Thaw the
,tories about Stanford White, which in
his trial. she testified to have narrated
o Thaw in Paris, that fact must have
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