Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-26
DELMAS EXCLUDES
HUMMEL EVIDENCE.
Lawyer Not Permitted to Tell
of the Affidavit.
PART OF DIARY READ
Evelyn Nesbit's Views While at
School Aired in Court.
HER CROSS-EXAMINATION ENDS
District Attorney Jerome is Thwarted
in His Efforts to Get in Dam
aging Testimony.

The cross-examination of Evelyn
Nesbit Thaw was concluded at this
mornings session of the trial of her
husband, Harry X. Thaw, for the
killing of Stanford White, and the
young woman left the stand with
out having to answer any further
questions about the affidavit she is
alleged to have made on her return
from Europe in October, 1903, in
which she is said to have accused
Ihaw of many cruelties. After a
short and sharp controversy this
morning Mr. Jerome was forced to
withhold for the time the copy of
what is said to have been Evelyn
Nesbit's affidavit. The story on
which the affidavit is based is said
to have been told in the office of
Abe Hummel on October %, 1903.
1t is the contention of the prosecu-
ton that Hummel dictated the at
tldavlt from what the girl told him,
and that she afterward signed it be-
fore White and a Lotary in Mad
ison Square tower.
NEW YORK, February 26-District At
torney Jerome today finished his long
=
Thaw at the trial of her husband on the
charge of having murdered Stanford White.
Mrs. Thaw had been under the district at
torney's fire for nearly five court days
His concluding Clestions had to do with
what the witness observed as to Thaw's
manner when he would chance to meet
White. She said he acted as a person in a
At.
Mrs. Thaw said her husband would re-
member the meetings and talk of them.
From Christmas. 1903, until he shot White
he believed the architect had set the Monk
Eastman gang upon him. He constantly
feared White and said he was being per-
secuted by him.
Mr.. Jerome called Abraham H. Hummel
to the stand today to question him regard
ing the affidavit Evelyn Nesbit is alleged
to have made against Thaw in his office.
Little Brought Out.
Beyond the fact that the girl went to the
lawyers office and that he dictated to a
stenographer while she was there the dis
trict attorney powerless to bring out
anything more, because Of the continued
objection of Mr.. Delmas Justice Fitzger-
aid upheld the objections on the ground
that collateral testimony cannot be taken
to discredit the witness
The Lyon Letter.
When the Thaw trial was resumed Dis
trict Attorney Jerome called the attention
OF Justice Fitzgerald to a letter he had re-
ceived from j. d. Lyon, vice president of
the Union National Bank of Pittsburg, who
was witness two weeks ago.
Mr.. Lyon has custody of Thaw's will
He was requested by Mr.. Jerome to send
all of Harry Thaw's letters and papers he
had In his possession. Today the district
attorney said he had received a letter from
Mr.. Lyon stating that Mr.. Hartridge of
the defense had written him saying no
letters or papers of date subsequent to
June D. 1896, were desired Mr. LYON
asked that court instruct him precisely as
to what papers desired.
Mr.. Jerome asked Justice Fitzgerald to
make an order directing MI Lyon to send
all the papers.
Mr.. Hartridge rose to make the statement
that. before writing to Mr.. Lyon that he
cid not want papers after the given date
he had a conversation with Mr.. Jerome and
the latter said distinctly that he did not
care for the letters and papers after date of
June Is last.
1T is very unfortunate that We have
these continual MISUNDERSTANDING" re-
marked Mr.. Jerome.
1T is unfortunate" replied Mr. Hart
ridge hotly, but it is fact that wrote
TO Mr.. Lyon, relying on your statement"
Justice Fitzgerald said he had no author
ity to issue an order to the witness who
is now out OF the Jurisdiction.
Unless he returns for cross-examina-
ton said Mr.. Jerome, his direct testi-
mony will have to be stricken out, and with
1t the will and the codicil of the defend
ant"
I'm state under oath that the district
attorney told me he did not want those
letters again interposed Mr.. Hartridge.
His memory has gone back on him."
After further arguing Mr.. Hartridge de-
clared the courts time was being wasted
for if the district attorney now said he
wanted all the letters the defense had alb
solutely no objection and would 50 instruct
Mr. Lyon.
The matter of the letters having been dis
posed of. Mr.. Jerome directed that Abra-
ham H. Hummel. the lawyer who drew up
the affidavit to which Evelyn Nesbit is said
to have sworn and which charged Thaw