The Washington herald., 1907-03-16

A4lGl SAe ulU not Tell llaW IN EaTlS IQdl
Stanford White had ruined her life. but
that Thaw had tried to get her TO sign
papers accusing White of having drugged
her, and when she refused he whipped
her.
But the affidavit which Hummel says
Evelyn Nesbit made in his Office is not yet
IN evidence. Though the testimony of
Hummel and his clerk Abraham Sny-
decker Jerome believes that he has laid
the foundation for the admission Of the
affidavit, and he offered it in evidence just
before the trial adjourned this afternoon.
Delmas asked for time to argue against
the affidavit being received. ana he viii be
heard when the trial is resumed on Mon
day morning
From the standpoint OF the prosecution,
the testimony OF Hummel is considered
most important. despite the reputation of
the man who gives it. HummeTs story is
a fiat contradiction to the testimony of
Evelyn Thaw. who admitted that she went
TO HummeTs Office with Stanford White
and told him some things, bat that Hum
mel dictated a statement about most OF
which she knew nothing This was a few
days after she got back from Europe in
the latter part of 1903, leaving Thaw be-
hind her
Evelyn ThHW on stand Again.
For few minutes Evelyn Thaw was on
the stand again to-day. Except for look
ing a triie paler and perhaps thinner, she
was the same young woman in every ap-
pearance who testified TO the most re-
markable story of the trial. There were
no new touches even TO her hair and the
flowers in her hat.
In attempting to shut out the Hummel
story Delmas called young Mrs Thaw TO
show that her relations with HummeI
were those Of client and counsel, and
therefore he should not be allowed to re-
veal anything that transpired between
them. That was not the view Justice
Fitzgerald took of it, even if their rela-
tions were those of client and counsel.
Justice Fitzgerald ruled that as she had
told her version Of what happened be
tween them she waived all privileges per
tanning 10 client; SO Hummel was al
lowed 10 testify
HummeI Gets DrubbinE,
It had been predicted that the former
little bald-headed lawyer Of the divorce
u
terrific scorching on cross-examination
from the orator from the Pacific Slope.
Mr- DeImas did his best TO fulfill that
prophecy, and it is true that ne gave
Hummel a good drubbing, but It did not
feaze the witness.
According to Hummel the affidavit
which Evelyn Nesbit made was given to
her after she had asked White for il.
But HummeI retained a carbon copy. of the
original. and before the affidavit was
turned over to the young woman a pho
1ographic copy was made Of the last page.
on which was Evelyn Nesbit's signature
It was a beautiful Illustration of the
methods employed in HummeTs office
when he was practicing law
As a preface to his excavations into
the shady side of Hummel's life, Delmas
explained that il was not his desire to
cause him any unnecessary humiliation
but he had a duty to perform and ne
could not shirk it. With a cheerfulness
either assumed or real, Hummel told him
10 Shoot away
Yes, That's the Way Ii Was.
Yes, It was in that very courtroom that
he had been convicted of conspiracy in
connection with the DOdge-Aforse mar
rage and divorce tangle. for which he
was sentenced TO a year in the peniten-
1iary
There were two other indictments for
subornation of perjury pending against
him for drawing a false afidavit in the
same case.
And had not Jerome on the day that
he was convicted declared right in the
same courtroom that he was a menace
10 the community and had been for
twenty years? But he wasn't allowed to
answer that, the court holding that
Jerome was the best witness on that
II was true that he was appealing from
bis conviction. and it was true-absOlutely
and surely-that Jerome was trying TO
uphold that conviction.
Yes, il was true that he had been dis
barred in 1872, but only for two years.
Was il for bribing a Westchester Judge /
before whom two burglars were on trial?
II was for bribery all right, but the de-
fandants We're not burglars, they were
charged with some minor offense.
Hummel explained that he is not dis
barred from practicing law now-just sus-
pended. Several times he straightened |
Delmas out when the latter got a little /
OF the straight line.
IT is the intention Of the defense to put /
young Mrs. ThaW on the stand to deny
Hummels story and then TO let il rest |
with the jurors which 10 believe II is 4
likely also that Jerome viii be called by /
Delmas TO testify as to what he thinks of 4
Hummels character Col Alfred Wag- /
stah, who is the chief clerk of the APPEL
late division, has been sUbpOenaed by the /
defense 10 testify about HummeTs case on
appeal before the appellate division.
Jerome's six experts were removed f-om
Jhe hmehght this morning. Delmas re-
fusing TO examine any Of them. They all
declared that Thaw was sane when he
shot White, One of them said that there
was no such thing as a brainstorm known
10 medical science.
Defense Calls More AIienfStS.
The experts for the defense have insisted
that Thaw had a brainstorm when he
killed White. One of Thaws doctors
picked out a case in one Of the books on
insanity and said it was very similar to
Thaw's trouble on that night DR.. Hirsch.
for the prosecution, declared with great
pcsitiveness to-day that there was no
more similarity between the case in the
book and Thaws than the relation be-
tween smallpox and a broken leg.
Delmas made one bad slip He tried to
examine one Of the experts on his writ
ings- Jerome protested that he hadn't
been allowed TO do that and Delmas as
sured him that he was in error. Jerome
had the goods. however. and then Delmas
withdrew the question.
After Delmas had waived aside five Of
the experts without cross-exsmination.
Hartridge thought he would tackle the
sixth and last, DR.. William Mabon, who
mas been connected with insane asylums
LOT many years. He formed a long. ram
bling hypothetical question, but subse-
quently withdrew il.
But the experts are not out OF the case
YET. DeImas announced AT the end OF tho