Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-03-13
MUCH DEPENDS ON
HUhh[L EVIDENCE
Prosecutor Jerome Fighting to
Secure Ruling Admitting Eve
lyn Nesbit Affidavit
STATE THRU TOMORROW NIGHT

buttal Soon-Only 6rIef session Hsio
Today, Adjournment Being Taken to
/ Permit Lawyers to Prepare Question
and Argument.
New York, March 13.-There was but
short session today of the court try
ing Harry K. Thaw for the murder of
Stanford White adjournment being
taken shortly after noon until tolnor-
row morning. This action was taken
partly to give Delmas an opportunity
to consult authorities and prepare an
argument in reply to an impassioned
appeal by District Attorney Jerome for
the admission of testimony by Abra-
ham H,lmmel in contradiction of Eve
lyn Nesbit Thaw's evidence, character
lied by Jerome as the central support
of the defense, and partly on the state
lnent of Jerome that IL he was allowed
this afternoon in which to complete a
Hypothetical question to be put to his
experts, he thought the state could
close its case in rebuttal tomorrow
night He said that he had been as
sured by Deimas that his cross exam
inationl of the alienists would not be
long. The matter of Hummeps tes-
tifytng was yet undecided.
Jerome spoke, for more than an hour
today, in contending that Hummers
testimony is most vital in this case.
Il will show,'I declared the district
attorney, that this woman who was
EvelSA Nesbit, swore under the SOL
emnity of oath, that she had been beat
en- by Thaw, In Paris, because she
would not sign the papers he had pre-
pared, and which falsely accused
White Of drugging and betraying her"
Jerome declared that the material is
sue of the case was as to whether or
not Evelyn Nesbit told her story to
1haw in Paris. The testimony of Hum
mel and his stenographer, Abraham
Snydecker, who also will be called as a
witness. would go far in proving to the
jury that she did not tell such a story
to the defendant.
eff she did not tell that story" con-
cluded Jerome, "then the cause Of this
mans insanity disappears, and the
hypothetical question on which the
learned experts for the defense based
their opinion as to his insanity disap-
pears. / claim the right to show that
Evelyn Nesbit herself has denied the
story she told this jury.
New York, March 13.-James Clinch
Smith, Stanford Whites brother-in.
law was called again as witness in
the Thaw trial this morning. Smith
was tardy in arriving, and Jerome
summoned Abraham H. Hummel to the
stand. Hummel scarcely had taken his
seat when Smith put in an appearance,
and thereupon Hummel was temporar.
lily excused.
Smith was questioned on the stand
by Delmas as to the cablegram from
Jerome summoning him to appear as
q Witness Smith said he did not have
either the original of the cablegram or
Q copy.
"As remember the message" said
Smith, sit read: Your evidence is
most important. Your attendance is
desired"
He had first communicated this evil
dence to his lawyers, he said.
Smith said that he returned to this
country February IL, last, and COM
municated with the district attorneys
office, on the 10Th. He had reduced
to writing his conversation with Thaw
on the Madison Square roof garden,
and had showed memoranda to his
counsel and Assistant Attorney Gar
~ a
and Smith was excused.
HummeII Examined.
Abraham Hunlmel once more took
the stand He had testified before the
arrival of Smith, that he saw Evelyn
Nesbit at his office Oct. 81, 1903, after
her return from Europe.
Did you, after your conversation
with Evelyn on October 27, dictate
something to stenographer?" asked
Jerome.
Delmas promptly objected, on the
ground that this was not in rebutta1
of any testimony offered by the de-
fense.
Justice Fitzgerald overruled the OBJ
lection.
"Yes, sir" answered witness.
'sDid Mrs Thaw tell you that Thaw
wanted to injure White and put him
in the perlitentiary, and that Thaw
had begged her time and time again
TO swear to documents he had pre-
pared involving Stanford White, charg-
ing that he had drugged and ruined
her; that Thaw had beaten her be-
cause she would not sign the paper?"
asked Jerome.
Delmas arose to lay ground for an
objection He asked Hummel if at the
time of the conversation with Miss
Nesbit, he was acting as her legal ad-
visor and attorney.
ST was acting only for Stanford
White replied the witness.
And did you not contemplate some
action in Miss Nesbit's behalf?' asked
Delmas.
NO. there was no legal action con-
templated SO far as she was con-
ceyned.
"There was no communication be-
tween the witness and Miss Nesbit as
counsel and client.
= must object" said Delmas, ito the