Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1907-03-14
Justice Fitzgerald Again
Sustains ThaW's
Counsel.
LAWYERS CLASH OFTEN
Interesting Tits Mark Day in
Which Little is Accom-
pIished.

New York, March 14.-After Abra-
ham Hummel had been called to the
stand at the opening of the Thaw trial
today. Delmas began his argument in
reply to Jerome as to the admissibility
of the evidence Hummel has to offer
regarding the affidavit Evelyn Nesbit
is said TO have made in his Office. The
district attorney claims this evidence,
if allowed, will tend to show Evelyn
Nesbit may not have told defendant
the story which is said TO have made
him insane.
More Experts i'm Court.
DR.. Allen McLane Hamilton, an alien
ist who was employed by Thaw soon
after the tragedy, but who has now be
come an expert for the state, was i'll
court today along with other experts
for the prosecution. Jerome may call
eight experts in all.
In beginning his argument. Delmas
touched first upon the point Of profes-
sional relations existing between Eve
lyn Nesbit and Hummel at the time
the affidavit was made.
Denied Being Girls Attorney.
Hummel denied yesterday he was
acting for the girl. saying he was en-
ployed by White and that no legal ac
lion was contemplated in behalf of
Miss Nesbit.
I'VE still contend" said Demas
this witness was acting in the capaci
" of attorney for this girl 1t is not
for him by his word to deny such re-
lation. However. we will reserve tnat
objection"
Made ont of Court.
Delmas then turned to the question
Of admissability of evidence contradic
tory to statements of the witness made
out of court Delmas referred to Ger
tain authorities which were cited Dy
Jerome yesterday in support of tbs
admissab.ity of miStestimOny an,
said he was amazed to find that one q
the decisions mentioned states eXactI,
the reverse OF what the learned dis
trict attorney announced" Niue!
Of what the district attorney said yes
terday." Delmas declared. was objec
tionable, but | allowed him to talk o
much that is not in the evidence her,
that might have been objected to be
cause | am willing to trust to the fai
mindedness of this jury. which is III.
only protection"
Takes Up in Detail.
Delmas then took up the question
which Jerome asked Hummel and sai,
il is objected to. and clause by claus
explained, where, in his opinion. eaci
one was Objectionable. The questio
called for a reply from Hummel as t.
what Miss Nesbit told him in his oi
iice-whether she told him Thaw ha
stripped and beaten her, and tina
charges against White as to her rui
were not true. Delmas brought his al
gument TO close by asking that tn
court rule out Hummel's testimony a
improper and having no bearing on tn
case.
JcrOme's Reply Brief.
Jerome answered Dalm6s brief,
claiming that as Mrs. Thaw's state
ment on the stand had been direct an
positive, he must be allowed to contrc
vert them
After the arguments were conclude
Justice Fitzgerald said: THE case
cited are not proper authority on tn
question under consideration. The ol
lection must be sustained"
Seemed to Bar ID AL
This ruling seemed to bar all Hun
mels testimony. but Jerome proceede
TO question him and soon there was
dramatic clash with Delmas.
AT the interview in your office
asked Jerome. did Evelyn Nesbi
prior to your debating anything, te
you that she had told Thaw that it W.
not true White had drugged and ra
ished her?"
Delmas was on his feet to objel
but before he could do so, and immet
ately after the district attorney HI
ceased to speak HummeI said in
loud voice:
She certainly did"
Called to Order.
Delmas looked at the witness wi
scorn and said:
And you call your self a lawyer?
Jerome asked Delmas to address h
remarks to the court. He further sa
he understood Delmas to have said
would not object to the answer to SUI
n question as was asked the wiincs
Mis- assistant, Garvin, had told hi