The Montgomery advertiser., 1907-03-14

&sA feA 4a= tafti titftffit tii fF fa lsa ' acton fin s.iS- NcssiEs haeaif afSaa Mfr. Delmas
 No. there was no legal action templated so far as she was concerned
 There was no communication be- tween the witness and Miss Nesbit as
 T must object,' said MT. DeImas, "to the question on the ground that 1t Is not proper rebuttal."
 Before the court could rule, how ever, Mir. Delmas put further questions to the witness which had reference to ford White for legal services. The amount paid for this particular ser vice, the witness said, was about Sl00.
 MT. Delmas renewed his general ob- jection.
 Tt Is not rebuttal.' said MT. Delmas, it is also immaterial ana irrelevant and not proper testimony"
 District Attorney Jerome proceeded to argue the points of law involved.
 Mir. Jerone's contention was that if 1t could be shown that under oath Miss Nesbit denied that she told Thaw the stories about Stanford White in this trial she testified to have narrated to Thaw in Paris, that fact must have weight with the jury in deciding whether she had in truth made the statement as related in her testimony and which has been the basis of the theory that the defendant is insane.
 Her aNObIey Renunciation.
 If her story is true" continued Mir. Jerome, T know of nothing in history of literature more sublime than Eve iyn Nesbit's self-ascrifice in her renun- citation of the love of the man who we are told was paying honorable court to her.
 But she returned to America on October 24 and on October 27 she was in Hummers office with the man who she now says ruined her and there she said that in Europe Thaw had stripped her and beat her with whip because she refused to sign a paper accusing White of drugging and ravishing her, Stanford White. she said, never harmed her."
 MT. Jerome then read large num- Der of decisions bearing on the sub ject of introduction of evidence to show that a witness had made state- ments out of court which do not agree with statements on the stand. In all the cases, he declared, the courts have held that when the attention of wit ness is properly called to a contradic- tory statement made out of court. il is competent to bring this testimony in rebuttaI to prove the statements.
 "The proposition make to the court is very simple" continued MT. Jerome If Evelyn Nesbft did not tell Thaw this story in Paris. the reason for his insanity disappears. If she did not tell the story, the hypothetical question on which the experts have based their opinion disappears, contend that un- fer the authorities I have quoted, l have a right to show that this woman made the statement outside of court, but under oath, that she did not tell Thaw-would not agree to any such story as she has told here"
 Mir Jerome sat down and MT. Del- mas arose. He said that as the hour for the luncheon recess was approach ing and as MT. Jerome's argument ne- cessitated an extended reply. he would ask that the recess be taken immedi- ately. so that hls argument might not be interrupted.
 MT. Jerome amended the motion by asking that court adjourn for the day.
 Long Hypothetical Question.
 'T am very desirous of getting through with this case" said MT. Je- rome, ''and am sure both Mir. Delmas and your honor feel the same way. I have discussed the matter of the hy- potheticaI question with the eight scien- lists, with whom am consulting, and II find they are not willing to express an opinion on question which is only