The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-14


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served the right TO object TO any ques-
tioBs put to the witness
Mr.. Delmas turned TO Hummel and
said:
You heard me reserve that right.
didn't you?''
HummeI Heard.
I did" said Hummel. not in the
least perturbed.
And the learned assistant district
attorney heard me-" asked Mr.. Del
mas, turning to Mr.. Garvin-
If the learned counsel from the Pa
cifc slope will address himself TO the
court we will make better progress"
said Mr.. Jerome. He also added that
the prefix learned" if left out would
tend TO shorten the record.
If the irritable district attorney
prefers. | will refrain from ascribing
to him the qualities he so scornfully
rejects, said Mr.. Delmas.
Mr.. Delmas first moved that Je-
rome's question and Hun mel's answer
be stricken from the record and Jus
tice Fitzgerald seemed about to order
that done when Mr. Delmas again
took his feet. and said:
Through the extraordinary con-
duct of the district attorney this ques-
ton and answer are in the record. Let
them stand; I waive my right
Mr. Jerome wanted to know if the
motion to strike out was withdra wn.
The answer is already with the
jury; why should ii be stricken out; 1
withdraw the notion said Mr.. Del
mas.
Did Evelyn Nesbit. as she was then
known" asked Mr.. Jerome, SAY to
ments charging Stanford White with
having drugged and betrayed her
when she was Is and insisted upon
her signing them, but that she told
ThaW she WnI11d M ho rfo
ment was not true?"
Mr.. Delmas objected al once, on the
ground that the question was repeti-
ton of the one already ruled out by
the court
Mr. Jerome read from the record
the statement Mrs. Thaw made on
cross examination which he sought to
rebut. Mr.. Delmas renewed his OBJ
lection and said it was based largely
on the ground OF manifest miscon-
duct on the part of the district attor-
ney.
Justice Fitzgerald said that the
OF the present question.
Mr. Jerome cited additional de-
cisions to uphold his view.
a Lengthy Argument.
Mr.. Delmas on concluding a lengthy
argument on the new question declared
that the mere fact that Evelyn Nesbit
had refused to sign documents for Har-
ry Thaw was not evidence that she had
not made the statements to him. He
also objected to the question put to
Hummel on the ground that he was
acting as Miss Nesbits attorney. In
answer to one OF the questions put to
him yesterday Hummel said Evelyn had
called upon him in his professional ca
pacity. He declared that Immediately
afterward. however, that in drawing
up the affidavit he was acting for STAN
ford White.
Mr.. Jerome declared that young Mrs.
Thaw herself had waived the right of
professional privilege as between her
self and Hummel by stating on the
stand her version of the interview with
the lawyer.
The learned district attorney knows
Interrupted Mr. Delu1as that Mrs
Thaw was not at that time stating a
historical fact, but was testifying mere
ly as to what she had told her hus
band, the truth of that story not being
open to impeachment under the rules
of evidence"
There is not a scintilla of evidence
here" said Jerome. that Hummel ever
was attorney for Miss Nesbit. On the
contrary we have the oath of the wit
ness that he was not so acting
Answered Both Ways.
He has answered both ways accord
ing to the record" said Justice Fitz-
gerald.
Mr. Delmas said stanford White
told Evelyn Nesbit he was taking her
10 see OIueT lIaL
might protect her from Harry Thaw.
Protect her now?" concluded the at
torney, "as man or a lawyer?"
Mr.. Delmas asked permission to put
Evelyn Nesbit Thaw on the stand to
testify that Hummel acted as her at
torney.
Mr.. Jerome demurred to this at first
and then said he would not object if
the witness was called to the stand be-
fore recess and cautioned not to dis
cuss her testimony with any one.
DO 1 understand the district attor-
ney to imply" said Delmas, that
there is anything improper in counsel
comforting with a witness? Is he to
deny us the privilege he has taken
of throughout this case?''
Justice Fitzgerald was about to or
der the recess when Jerome inter-
rupted to say that all of the scientists
engaged by the prosecution were in
court today and he would like to have
the consent to excuse Hummel and
postpone hearing Mrs. Thaw until the
experts had testified. He asked the
privilege of calling these experts when
court reconvened.
Mr.. Delmas consented and a recess
was ordered until D. m.