New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-17
THAW CASE NEARS END.
NAY CLOSE THIS WEEK.
Defence TO Begin Final Effort
To mOrrOU.
YO-mOrTOW.

~ 10 have the affidavit sworn to before AbTa-
ham n Humrlel admitted in evidence. From
Justice FitzGeralds rulings Friday this xiii
rrobahy he accomplished. As has been
vo,inoed the prosecution viii then rest its case.
When the defence begins its surrebuttal. how
ever another long array OF witnesses. both lay
end expert VIII be ready % testify. 1t is under
stood that there are six lay witnesses To lie
called and four experts in mental diseases.
Who al Of the lay witnesses are cannot be
certained. bur among them viii surely he Mrs
Tvelyn Nesbit Thaw. She viii be asked about
the Hummel affidavit and Will deny its exist
ence or the facts as given by the prosecution
about SIS contents. That viii leave the jury in
the position Of choosing between the truthful
ness of Mrs. Thaw or Of Mr.. Hummel
Another witness will he Colonel Alfred wag-
staff the chief clerk Of tire Appellate Division II
the Supreme Court. At least. he is under sub
pena. Colonel WaEstaT. II called. viii produce
The record Of the appeal in the conviction Of
Mr Hummel and viii be able TO prove the status
Of the suspended lawyers case when he
convicted for subornstion of perjury third
witness win be Miss May Mackenzie who will
produce several letters which it is understood.
ere II importance from the defence's point II
view. Another witness will undoubtedly he DR.
Carleton Flint. Or. Flint was a witness for the
prosecution. and was asked If Jack Barry
treatment. The defence's objections did not 81
low him 70 answer. DIR. Flint. il is understood
VIII refuse 10 answer II the defence asks him
Questions. claiming professional privilege. Wao
the other two witnesses viii be has not been
ciyulged.
NEW HYPOTHETICAL QUESTION.
AZ for the four expert alienists Two of them
have been Thaw's counsellors and advisers all
through The trial They are Dr. Graeme n
Hammond and Or Smith Ely JeIife They will
listen 10 new Hypothetical question which If
they answer as the defence desires. will show
that Thaw did not know the difference between
night and wrong on the night he killed White
The other two aliensts are in dispute hut the
defence mas decided TO allow the two experts
mentioned u decide on two other men of whom
The same Hypothetical question viii be asked
One of them il is understood will be d. Greg
CRY who for some time was the head Of the
psyohopathc ward at Bellevue Hospital If The
four alienists give the answer expected Of them
i viii leave the jury in a serious quandary. as
They VIII be asked 20 decide whether they be
leve the testimony 81 the six alienis,s Of the
prosecution or the testimony Of the six allenists
for TIE defence, their testimony being in direct
opposition.
The Hypothetical question which Clifford w
Harrdge tried 70 give 10 DR.. William Mabon
suited in another disagreement among counsel
Tor the defence. NJ. Hartridge failed 10 make
himself clear when presenting the question. and
~ the noon adjournment Mr.. Delrnas took him
IN task and finally the question was withdrawn.
The result has been 10 cause smother breach
among counsel which. this time bids fair TO
continue until the close Of the trial.
Clifford w Hart-idge. attorney Of record for
the defence, was so confident Of acguttal yes
ierday that he issued the following statement:
The peoples case is. practically finished
Counsel for the defence feel that the District
Attorney has not proved his case. He has pro- I
duoed nothing bur the Kummel affidavit and
The expert testimony. We feel that any one
would take the word Of Evelyn Nesbit Thaw in
preference 10 the sworn statements Of such a
man as HummeL We may possibly call other
witnesses. but think the rest Of the testimony
win be very brief and mostly confined 20 ex-
perts"
4 report published Yesterday that Miss Ethel
Thomas, who figured some years ago IN q civil
action against Thaw. charging him with beating
her with whip. alive in Philadelphia wes
NJ surprise 70 the defence. but was surprise 10
the prosecution Mr.. jerome when arguing a
week ago about the alleged beating. referred TO
Miss Thomas that poor. dead girl" Mr. Del
mas took exception. and the word poor" Was
stricken out but Mr.. Jerome still contended she
was dead. Counsel for the defence however.
have known Tor some time that she is alive She
viii not appear Sc a witness. however rs her
testimony. il is said. is issue. Mr. jerome
made an error in getting the girl who was
principal The so-caned pie dinner" confused
with Miss Thomas
SAYS HUMMEL TOLD TRUTH
Isaac y. Jacobson lawyer who went TO the
rooms in the Madison Square Garden I'm 1908
where Miss Nesbit IS alleged 10 have signed the
Hummel AFFIDAVIT. said yesterday that the testi-
mony OF Hummel true. He said he would
not testify unless he had to, because he did not
want any mans life on his hands"
But" he was asked. If you could help save
his life, would you be willing TO appear"
Yes, gladly; but can't do that because
Hummel told the truth
Mrs. Evelyn Thaw was the first caller on her
husband yesterday IN the Tombs. In a short
time Mrs William Thaw and the Countess Of
Yarmouth arrived. The countess and the younger
ars. Thaw walked up and down the corridors
nrm in arm while waiting To g upstairs 10
ShaV's cell The three women remained for the
allotted time. and departed together.
Henry Clay McPike, partner OF Dolphin NJ
belmas, who. although not Of counsel for Thaw
is interested in the case. wandered from pillar
70 post in the Criminal Courts Building yester-
Gay, looking for some one 70 issue subpnnas
FOR him He first went 10 the Supreme Court
where the trial is being held but. it being Sat
urday. found the court closed. Then he wan
dered 10 the Tombs police court. Il required
considerable argument on the part OF the clerks
bho policemen 10 make Mr.. McPike see that that
court was not empowered 10 issue Supreme
court subpRnas.
From present indications the trial should end
~ the last Of this week Monday Tuesday
~ 1s next week The defence with the accom-
Dna11.T-