The Barre daily times. (Barre, Vt.) 1897-1959, 1907-03-14
That Which Occurred Between
Hummel and Evelyn ThaW
DELMAS SCORES VICTORY
BY Introducing This Conversation jerome
Hoped to Get in the Famous Hummel
Affidavit to Show that Mrs.
Thaw Twisted Her Stories.

New York, March 14.--Attorney Del
mas scored the first point in his battle
with Jerome in the Thaw case this morn
ing, when Justice Fitzgerald sustained his
objection to admitting as evidence the
conversation between attorney Hummel
and Evelyn Thaw, Immediately preceding
the dictation of the famous Hummel
affidavit Upon the introduction of this
conversation, the district attorney had
hopes Of getting in the affidavit itself,
by which he expects to show that Eve
Iyn told Thaw that White had not
wronged her and that Thaw beat her
because she would not sign document
TO the contrary.
jerome came into court with the hy-
pothetical question which the court yes
terday gave him time to prepare, printed
and In his hand Delmas opened his
argument against the admission of the
conversation and affidavit First, how
ever, he renewed his objection that the
relations between Hummel and Evelyn
were those of lawyer and client. He
even hinted that Evelyn might be re-
called to the stand TO prove this.
Jerome asked Hummel if Evelyn prior
to making out the affidavit told him
that she had informed Thaw of the
story about White not hurting her.
She certainly did" said Hummel.
Jerome then proceeded to divide into
shorter questions one which he was not
allowed to put.
In the course of the argument yes
terday the district attorney took, for
the first time since the case began, a
sustained oratorical tone. He asserted
that Hummel would swear Evelyn Nesbit
told him three days after her return from
Europe, in 1908, that Thaw had beaten
her cruelty because she would not sign
papers he had prepared, falsely accusing
Stanford White of having drugged and
betrayed her.
Mr.. Jerome contended that she had
told much more; that Thaw seemed bent
on putting Stanford White in the peni.
tentiary; that the statement that White
had betrayed her was not true; that
Stanford White had never harmed her
and that Thaw was consumed with rage
when she refused to sign and swear "a
the papers containing "lies against Stan
ford White"
"These things were put in the form
of an affidavit declared Mr. Jerome
and that affidavit was subscribed to by
Evelyn Nesbit when she knew what she
was doing and what the paper con
tanned.
eve want TO show that the girl who
told this remarkable story here on tho
witness stand swore at another time
under the solemnity Of an oath that
naked--stripped absolutely naked-shC
had endured the lashings and beatinei
of this defendant rather than swear Il
the false statement that Stanford White
had drugged and ruined her"
Mr.. Jerome argued that the materia
point Of the case is whether or not Eve
iyn Nesbit told Thaw the story of hei
alleged ruin by Stanford White. With
out the story in evidence, he declared
the reason for the defendants alleged
insanity disappears. The prosecutor
plninly admitted the Importance Of youn,
Mrs Ihaw's testimony, and he declared
that he wished by Hummel's testimony
to show her own Reputation OF tn,
charges which on the witness stand sh,
renewed against White
"This," he concluded, 'the Jury ma,
infer from her own statements afte
her return from Europe in 1903, whethe
or not she had within two months o
that time told this defendant the thing
she said she did"
Mr.. Delmas objected to Hummel a
q witness on the ground that his testi
fnony had TO do with the truth or fal
Bity of Mrs. Thaw's narration and wa
not permissible under the rules Of evi
dence which have governed the trial.