The Mena weekly star., 1907-03-21
THAN IR|AL NEAR IHE HND
District Attorney Jerome Believes Case Can be Closed by Friday
 Evening.
ONLY 4 SHORT SESSION ON WEDNESDAY,
Most Of the Time Was Spent in Argu- mcnts over the Testimony of Abraham HummeI Regarding the Admissablity Of Evelyn Nesbit Thaw's Alleged Affidavit.


 Admissability Of Evelyn Nesbt
 Thaws Alleged Affidavit.
 New York March 14--James Clinch Smith. stanford Whites brother-in. law, was called again as witness in the Thaw trial Wednesday morning. MT. Smith was late in arriving and Mir. Jerome summoned Abraham H. Hummel to the stand, Scarcely had Hummel taken his seat when Smith appeared Thereupon Hummel was temporarily excused.
 Mir. Smith said he returned to this country on February 17 and communi- cated with the district attorneys of flee on the 18th. He had reduced to writing his conversation with Thaw on the Madison Square roof garden and had shown the memoranda to his counsel and assistant, Attorney Gar van MT. Delmas had no further ques tions and Smith was excused. Abraham Hummel again took ths stand. He had testified before the arrival of Mir. Smith that he saw Evelyn Nesbit at his office october 27. 1903, after her return from Europe
 Did you, after a conversation with Evelyn Nesbit on october 27 dictate something to q stenographer?' asked Mir Jerome.
 Mr Delmas promptly objected on the ground that this was not in re. buttal of any testimony offered by | the defense.
 Justice Fitzgerald overruled the objection.
 "Yes sir answered the witness. Did Mrs. Thaw tell you that Thaw wanted to injure White and put him 1 in the penitentiary and that Thaw l had begged her time and time again | to swear to documents he had pre-. | pared involving Stanford White and 1 charging that he had drugged and l ruined her; and that Thaw had beat. en her because she would not sign the paper?. asked Mir. Jerome.
 Mir. Delmas arose to say the ground l for an objection. He asked Hummel if at the time of the conversation with Miss Nesbit he was acting az her legal adviser and attorney.
 q was acting only for Mir Stan I ford White" replied the witness.
 And did you not contemplate some action in Miss Nesbits behalf?" asked Mr Delmas.
 No there was no legal action con. ! tcmpated so far as she was con cerned"
 There was no communication be tween the witness and Miss Nesbii as counsel and client.
 "l must object said MT. Delmas, "to the question. on the ground that l it is not proper rebuttal."
 Before the court could rule, how. ever, MT Delmas put further ques | tions to the witness which had ret. erence to the payments he received from Stanford White for legal serv. ices. The amount paid for this par t.cular item or service, witness said was about Sl00.
 Mir. Delmas renewed his general ob l iectlon
 "It is not rebuttal.' said Mir. Del mas. it is also immaterial and ire velant and not proper testimony
 Mr. Jerome proceeded to argue the points of law involved
 Nn'. Jerome's contention was that if it could be shown that under oatf Miss Nesbit denied that she tolo ! ,t,t,r. tho gtorfao ohont Stamford White which in this trial she testi fled to have narrated to Thaw ir Paris. that fact must have weight with the jury in, deciding whether sht had In truth made that statement. re lated in her testimony and which has been the basis of theory that the de fondant is insane
 The proposition make to tht court is very simple" continued Mir Jerome. "If Evelyn Nesbit did no tell Thaw this story in Paris thu reason for his insanity disappears l she did not tell the story. the hypoth eticai question ou which the cxperti have based their opinion disappears, l contend that under the law; under the authorities 1 have quoted. I have a right to show that this woman made the statement outside of court but under oath that she did not tell Thaw would not agree to any such story as she has told here"
 Mir, Jerome sat down and Mir. Del mas arose. He said that as the hour for the luncheon recess was approach ing and as Mir Jeromes argument necessitated an extended reply. he would ask that the recess be taken immediately so that his argument might not be interrupted
 MT Jerome amended the motion by asking that court adjourn for the day. T am very desirous of getting through with this case said MT Jerome. "and | am sure both Mir Delmas and your honor feel the same way. have dis ! cussed the matter of tho hypothetical | nDagffOp with fhp pis,bf uriDuticf-