The San Francisco call., 1907-02-27

NEW YORK. Feb. 26.-When the
Thaw trial was resumed today District
Attorney Jerome called the attention Of
j Justice Fitzgerald to a letter he had re-
ceived from J. y. Lyon, vice president
Of the Union National Bank of Pitts
burg, who was a witness Two weeks
ago.
Lyon had custody of the Thaw Will He was
requested TO send all Of Thaw's letters and
paprTs ia his possession. Teday the District At
that Hartridge of the defense had written him
saving no letters OF papers Of date subsequent 10
June =. 1906 were desired
Jerome asked Justice Fitzgerald To make an
O,der directing Lyon 10 send al the papers.
Hartrdge rose 70 make statement that be-
fore writing To Lyon that he did not want pa
pers after the given date he had conversation
ith Jerome, and the latter said distinctly that
De I'D not care FOR the letters and papers
1T IS very unfortunate that we have these
continual nsundersts nd ines. remarked jerop1e
III is unfortunate. replied Hartridse hotly,
''but il is fact that wrote TO Mr. Lyon rely
ing on your statement
Justice Fitzgerald said be had no authority
t. Issue order 10 the witness, who is now out
~ Ire courts Jurisdiction
Unless lie returns for denomination, said
Jerome. Ibis direct testimony viii have TO be
stricken out ard with il the viii and codicil Of
III stand under oath that the District At
torney told me he did not want the letters, -
again inferposed Bartridge.
After further argument Hartridge declared the
wanted az the letters the defense would 50 in
struct Lyon.
HUMMEL TAKES STAND
The matter OF the letters having been disposed
Of Jerome directed Abraham Hummel. the law
yer who drew up the affidavit 10 which Evelyn
Nesbir Is said 10 have sworn and which charged
Thaw with cruelties during their 1903 trip TO
Europe. 90 take tie stand.
DO yeu know Evelyn Nesbit Thaws"
When did you first see her?"
Some time in 1901 OF 1902
Z don't remember exactly
Was II at your Officer
Not the first time. "
'-fou knew her before thatf"
Yes"
Did she 20 to your office on October %.
''she was there in the year 1903; don't re-
member just when"
lie was shown the Photographic copy Of the
last page of the famous affidavit, which Hum
me- said refreshed his memory so that he could
STATE positively that the date on which Evelyn
Nesbit called at his Office was October q, 1908.
Delmas objected 10 the use Of the photograph,
Bat the court allowed the question
ssDid Miss Nesbit have a conversation with
you in your officer asked jerome.
Delmas objected, but overruled.
Yes" said Bummel
Dcimas again objected. saying the purpose
contradict Mrs Ihaw and be could not prop
~erly interrupt her crOss-examination for that
purpose.
Jerome argued the point at some length
particularly In answer 10 Delmas' statement
that collateral testimony not permissible
IN testing the -credibility Of a witness
@If I could prove Stanford White was in
Europe the night she says she was drugged
by him. declared Jerome that would be
= collateral fact and ! would not be allowed
10 put 81 in evidence. But II she told Thaw
In Paris that there was no truth in her state
ment about stanford White. then that would
be a material fact and / should be allowed
10 put II in"