Connecticut western news., 1907-03-21


 The affidavit also declares that Thaw committed attacks on her, that she found among Thaw's effects utensils for administering cocaine and that Thaw tried to compel her to take the drug
 The affidavit was in some ways a di- rect contradiction of HummePs recent testimony upon the stand In order that the defense might not prevent him from telling the story of the mak- ing of the affidavit he statad positively that he was not acting as Miss Nesbit's attorney when he drew up the docu- ment, that he was acting solely in the interest of Stanford White and that no legal action was contemplated in be- half of the young woman who is now Harry Thaw's wife.
 When Mir. Delmas began the intro duction of testimony in surrebuttal he introduced first of all the record in the trial and conviction of Hummel on the charge of conspiracy.
 Say Thaw Acted IrrationaIIy.
 Next Mir. Delmas put upon the stand three policemen who saw Thaw the night of the tragedy or early in the morning after, and they all declared that he either looked or acted irration- ally. The witnesses admitted on cross | examination that there were seven wo- men of the street in the>stati0n house the night Thaw was there and that they were making considerable noise but could not be heard from Thaw's | cell.
 That Harry k. Thaw realized the full nature of his act-that it was murder when he killed Stanford White, was the opinion of Dr. Austin Flint, called to the witness stand as first of the states alienists to testify. In reply to both the hypothetical question of the defense and that of the prosecution the celebrated insanity expert expressed the same opinion.
 Long Time to Read Question. I It took Assistant District Attorney Francis P Garvan one hour and four teen minutes to read the states ques- ton. pr. Flint answered it in just fourteen words. He said:
 "He (Thaw) knew the nature and quality of his act and that it was wrong''
 With Attorney Delmas fighting him every inch of the way, District Attor- ney Jerome secured from Abraham Hummel his complete story as to the affidavit
 Evelyn Nesbit Thaw herself was call ed to the stand in the effort of the de fense to keep Hummel silent She de clared that she had called upon Hum mel in his professional capacity and to seek his advice as lawyer. Stan ford White had taken her to the law yer's office with that end in view.
 Justice Fitzgerald declared that Mrs. Thaw had herself waived the profes- sional privilege by taking the stand early in the case and giving her yer sion of what transpired at HummePs office.
 While Hummel was on the stand most of the time was spent by MT. Delmas in stripping the question which MT. Jerome had propounded in rela- tion to the affidavit to the plain query, "Did Evelyn Nesbit say she told Thaw that it was not true that Stanford White had drugged and wronged her|
 Jerome Scores Heavily.
 To this Hummel replied, "She cer- tainly did, and finally MT. Delmas could stand.
 How crucial the affidavit signed by Evelyn Nesbit was to the case of the prosecution was made apparent by Je- rome when he quoted the following paragraph from the document:
 He (Thaw) beat me when I was in Europe; he stripped me and lashed me with a whip; he did it to make me swear to paper to put married man in the penitentiary, and I stood his beatings and lashings and refused to | do 1t because it was not so." These were said to have been Eve | lyn Nesbit's own words, to which she swore when she returned to this city 1 from Europe in 1903. But in June of that year, she testified, she had told Thaw in Paris, when he asked her to become his wife, that she could not do so because she had been drugged and ruined by White and if Thaw married her he would be regarded as a fool by | his friends.
 Two Far Reaching Questions.
 It seemed as if the girl had made a sublime renunciation, and the defense contended that it had unhinged the de fendant's mind and caused him to kill the architect But did Evelyn Nesbit ever make the renunciation? Did she ever tell Thaw she had been ruined by Stanford White? These questions, Je- rome pointed out in his efforts to get the affidavit into evidence, went to the bottom of the case. If it could be shown that Evelyn Thaw never told Thaw the story of having been wrong ed by White, Jerome said, the insanity plea of the defendant necessarily ra- ceived a severe setback, and it was for the jury to determine from all the facts whether the girl really had told the remarkable story to Thaw.
 Rockefeller For Federal Control.
 New York, March 20.-John D. Rock | efeller in an interview declared that federal control is the only solution of