New-York tribune., 1907-03-19
Jury HEARS AFFIDAVIT
MR.. JEROME RESTS CASE.
Defence Calls Ne5C ALienists-
HummeL Indictment Read.

AGAINST Harry K. Thaw yesterday and imme-
5iatelv the defence began its last attempt to
hiring forth evidence to save the defendants
me For several days the battle will continue
before the time arrives for the summing UP and
charge 10 the jury. Thaw should know his fate
not later than Monday or Tuesday.
Tie prosecution victory in his last re-
but,al evidence. although it had been expected,
when the so-called Humme affldavit was ad-
gitted in evidence and read to the jury Parts
NJ the affidavit have been published from time
20 time. having been argued by the District
Attorney and testified 10 by various witnesses
In brief. il charged Thaw with having beaten
Miss Nesbit frequently while travelling with
her on the Continent in 1903. because. as II was
charged she refused 10 sign another affidavit
charging Stanford White with having drugged
and betrayed her. she stating It to be untrue
The affidavit further charged that Thaw
saulted her with a rattan for an entire day."
that when she was in a weakened condition he
made her submit TO him and that he attempted
10 force her to take cocaine.
Mr Delnas, chief counsel for the defence con-
tinued his objection TO the introduction OF the
afhdavit arguing that Mrs Harry Thaw, in
common fairness. should first be called TO deny
any such testimony a6duced. Argument back
and forth, for and against the admission Of the
AFFIDAVIT was heard by the Court until exactly
noon. when Nj Delmas withdrew all objec-
tons and AIr Jerome read it to the jury.
The defence began its surrebuttal. was eX-
pected, by evidence 10 test the credibility Of
Abraham H. Hummel. through whose agency
the AFFIDAVIT had been admitted. Mr.. Delmas
put in evidence and read the record Of the con-
viction Of Hummel for conspiracy in the Morse
Dodge divorce tangle. which conviction is now
under appeal. This record voluminous affair,
was read by Mr. Delmas 20 the jury. thus show
ing that the man who had sworn 10 the AFFIDAVIT
was convicted felon.
IN the AFFIDAVIT admitted yesterday Evelyn
Nesbit says: I have received a number of cable
groms from the said Thaw, which have deliv-
cred 10 my counsel. Abraham H. HummeL
During the oss-exanlinatiOn Of Hummel he
insisted that he was not counsel for Evelyn Nes-
bit but was acting for Stanford White
At the afternoon session the defence sprung
a surprise by calling three doormen who were
stationed at the West Both street police station
on June %. when White was killed. These men,
although they gave their sworn testimony 10
the District Attorney last June. had not testified
and were called " the 1efence. All three sald
that they believed tho acts and appearance Of
Thaw on The night and the morning after the
shooting showed irrationallty. James NJ Barrett.
one Of the docrner also told OF hallUclnations
which he said Ttaw had shat night He said
ThaH, after being taken 10 a cell told him he
heard young girls screaming upstairs and that
they were being II-tfeated. The doorman said
he knew thar several women OF the Tenderloin
were in cells out .here were no young girls
among thern. This story was corroborated TO
large extent BY Js7-'es Lynch, another doorman
Hr. Jerome. on the cross-eKamination Of the
three men. asked thera about their sworn state
merits Of June and. particularly IN Barretts
case. was severe With the witnesses, getting
them badly confused. Barrett denied several
parts of his testimony sworn 10 before Mr.. Car
van saying they were put down wrong" He
stuck 20 his old story IN the main, however
John P. Anton. the tfird door1nan, after saying
lie believed Thaw was insane. was asked by the
District Attorney why he had sworn in June
that he found no signs Of insanity in Thaw He
explained that at present. when speaking about
Tbav's irrationality, he referred 10 Thaw's eyes.
The defence swore all of its alienists at once
in the forenoon. following the plan OF the prose-
cution. Three new men were among those
sworn They were DR.. William A White. OF
Washington; DR. Menus S. Gregory, formerly OF
the psychopathic pavilion at Bellevue Hospital.
and DR. Charles W. Pilgrim. formerly superin-
eendent Of the Hudson River Sanatorium- Dr.
White had recently been an expert witness in the
strother murder case at Culpeper. Va. where
the two defendants were acquitted. The others
were DR.. Graeme n. Hammond and Dr. Smith
Ely JeIHe. Drs Britton d. Evans and Charles
Wagner were not sworn, as they have already
testified but will be called again.
Sfr Delmas called DR.. Hammond first, and
cskcd him his expert opinion to the sanity
Of Thaw on the night Of June % For the basis
of his examination he used the hypothetical
question. over thirteen thousand words In length
put by the prosecution. AS all the alienists had
read H. the long delay Of reading IL again was
avoided Mr. Delnas asked the usual question.
81. under the conditions expressed by the hypo-
the;ical question the witness believed Thaw
20 have been laboring under such defect of
reason as not 70 know the nature OF his act
wrong.
IN my opinion" replied DR.. Hammond. "he
did not know the nature o. quality Of HIS act"
Mr. Jerome on cross-exemination. asked the
witness about brain storms"
Did you ever hear of a brain Storm" ne
asked.
Yes"
'where?"
DR. Hammond mentioned two medical dction-
aries which used the term. and said it was prac-
ficaly similar 10 psyche -kinesia. a form OF men
"a disease
As 70 the particular form of insanity which
Thaw had. the witness said he did not know
To a number Of questions he made the same re-
ply and was finally excused.
Or. White was next called. and gave long list
q his services in insanity cases. He gave an
s%eT similar 10 that of DR. Hammond regarding
tne Hypothetical question. Mr.. Jerome exam
ined him very briefly. and DR. JelIiffe the last
witness of the day. called. His answer TO
me Hypothetical question. corresponded 20 that
~ the others He still under cross-eXami-
nation when court adjourned.
ne alienists win probably occupy nearly all
~ to-day There stil several lay witnesses
8tor the defence IL IL understood among them
ThGW. hf