The free lance. (Fredericksburg, Va.) 1885-1926, 1907-03-19
SAY THAN BEA'P TBLIy
Deimas Fighting Hard to Keep Out
Her Alleged Affidavit.
HuMMGL ALLOWED TO TESTIFY
Told Story Of Affidavit Evelyn Is Said

to Have Signed, Charging Thaw
With Beating Her For Refusing to
Falsely Accuse White.
New York March 16.-With Attor-
ney Demas lighting him every inch of
the way District Attorney jerome So
cured from Abraham Hummel his com
plete story as to the afiidavit which it
is alleged Evelyn Nesbt Thaw made in
the lawyers office in 1903. charging
Harry X Thaw with beating her when
she told him that the statement that
Stanford White had drugged and ruin
ed her was not true Justice Ftzger-
aid oyerruled every objection and Mr..
Delmas had exceptions to the rulings
noted on the records
Evelyn Nesbit Thaw was called to
the stand in the effort of the defense
to keep fIummel quiet She declared
she had called upon lIummel in his
professional capacity and To seek his
advice as a lawyer Stanford White
had taken her to the lawyers ONCE
with that end in view.
Justice Fitzgerald declared that. adj
hitting the proposition of counsel ana
client Mrs. Thaw had herself waived
the professional privilege by taking
the stand early in the case and giving
her version OF what transpired at Hum
mers Office. The bond Of secrecy once
removed could not be re-established.
Unsuccessful in blocking Hummel's
TESTIMONY. Attorney Delmas in cross
examining the witness brought from
his own lips the fact that he had been
convicted in December. 1905. on a
charge of conspiracy in the same court
room in which Tnaw is being tried. He
further admitted that two indictments
for subornation OF perjury are pend
ing against him, and that one OF these
indictments charges him with having
caused a false affidavit TO be made.
Ilummels testimony in brief was 10
the effect that Evelyn Nesbit told him.
among other things. that Thaw had
beaten her when she refused TO sign
papers he had prepared. charging
Stanford White with her betrayal;
that he had dictated a statement 10 a
stenographer in the presence OF Miss
Nesbit and Stanford White, that he
gave the affidavit to two OF his clerks
90 take TO Miss Nesbit in the Madison
Square Garden tower. and that the
next day the paper was returned 10
him with Evelyn Nesbirs signature at
tached lie kept the affidavit until
Miss Nesbit called one day and de-
manded il. lie refused to give II TO
her. and turned it over TO Stanford
White. advising him TO have a photo
graphic copy made. llummel first said
he had himself arranged for photo
graphing the affidavit and that the
photographer came TO his Office. \ few
moments later however he completely
contradicted himself on this point. say
ing he did not make the arrangement;
that the photographer did not come To
his Office. and that he had not so tes-
titled. After Stanford White had the
copy made he returned the original OF
the affidavit. the Photographic mega
tives ard the prints made from the
negatives to Hummel. who swore that
he subsequently, delivered the original
affidavit TO Miss Nesbit and has not
seen it since.
Abraham Snydecker. one of Hum
a
took the affidavit to Mr.. Whites rooms
in the tower and handed il 10 the
woman pointed out to him as Miss
Nesbit She kept the affidavit for five
minutes and signed it. saving she had
read it through.
At the conclusion OF this testimony
District Attorney Jerome asked per
mission to introduce the carbon and
Photographic copies of the affidavit in
evidence. 1t was near the closing
hour. and Mr.. Delmas asked that ad-
jOurnment be taken before arguing as
10 the admissibility Of the affidavit.
He said that after reading the paper
over he might not object to its being
offered in evidence Coming as 1t
does. he added, in such questionable
shape. we may deem it best to have the
paper go in evidence
District Attorney jerome completed
his medical testimony during the
morning session. Attorney Delmas. for
the defense. declining to cross-examine
any OF the experts. Dr. Flint was for
mally excused, and then five other
alienists were called one after an
other. Each said he was familiar with
the hypothetical questions framed by
the defense and by the prosecution.
Basing their opinions on these ques-
tions. they all declared that Thaw on
the night he shot and killed Stanford
White knew the nature and quality OF
his act. and knew that the act was
wrong. One question was put by Mr..
Hartridge. of the defense. to DR.. Will
liam Mabon, the last OF the states ex-
perts
do doctors often disagree as to the
form of a mans insanity" he asked
the witness.
Mr. Jerome's objection was over
ruled. and Dr. MabOn replied: They
do"
Mr. Jerome announced that when
the matter of the admissibility of the
Hummel affidavit is disposed Of the
prosecution will rest.
AboIishes Memphis City Government.
Nashville. Tenn. March Is. - The
n1.ronhir chartnr hill over which one