The San Francisco call., 1907-03-16
JEROME BLOCKS DELMAS
AND HUMMEL TEST|FIES
Jury Hears Complete Story
on Alleged Affidavit
Made by Evelyn
THAW'S ACTS SHOWN
Five Alienists Affirm That
Prisoner Was Sane at
Time of Murder
THAW'S ACTS SHOWN

NEW YORK. March 15.-With Attor-
ney Delmas fighting him every inch of
the way. District Attorney Jerome to-
day secured from Abraham Hummei
his complete story as to the affidavit
which it is alleged Evelyn Nesbit Thaw
made in the lawyers Office in 1903.
charging Harry K. Thaw with beat
ing her when she told him that the
statement that Stanford White had
drugged and ruined her was not true.
Delmas first objected broadly TO all
of Hummels testimony, and then Of
fered a specific objection TO each ques-
tion put by the prosecutor Justice
Fitzgerald overruled every objection
and Delmas made exceptions.
Evelyn Nesbit Thaw was called to
the stand in the effort of the defense
to keep Hummel silent. She declared
that she had called upon Hummel in
his professional capacity to seek his
advice as a lawyer. Stanford White
had taken her to the lawyers office
with that end in view, she said
Justice Fitzgerald. while admitting
the proposition of the defense, de-
clared that Mrs. Thaw herself had
waived the professional privilege by
taking the stand early in the case and
giving her version of what was said
al Hummels Office and that the bond
OF secrecy once removed could not be
re-established. ~
Unsuccessful in blocking Hummefs
testimony. Delmas on cross examining
the witness made him confess that he
had been convicted in December, 1905.
on a charge of conspiracy in the same
courtroom in which Thaw was now be-
ing tried. Hummel further admitted
-, lf.4, g. for cTsan of
perjury were pending against him, and
that one of these indictments charged
him with having caused false al
fidavit to be made.
JUDGE AIDS JEROME
Jerome protested against the witness
being dragged through the humiliat-
ing details" of his trial. but Justice
Fitzgerald declined to interfere.
Delmas then asked Hummel If he had
not heard the speech made by District
Attorney Jerome when sentence was
imposed on him and in which Jerome
urged the court to pass the longest and
heaviest sentence within its power
upon Hummel, he had been
menace to the community for twenty
years
Justice Fitzgerald sustained an
objection to the question and Hummel
was not compelled to answer.
HummeTs testimony in brief was as
follows:
Evelyn NesD., told him. among other things.
that Thaw had beaten her when she refused 10
White with her betrayal; that he had dictated
statement 20 a stenographer in the presence or
affidavit 10 two of his clerks to take to Evelyn
in the Madison Square Garden tower and that lhe
next day the paper was returned TO him Win
Evelyn Nesbits signature attached. He kept
the affidavit until Miss NesDIt called one day
aud demanded IL. He refused TO give II TO her
and turned II over TO Stanford White, advising
him TO have Photographic copy made.
HUMMEL IN A TANGLE
HummeI first said that he himself ar
ranged for photographing the affidavit,
and that the photographer came TO his
office. A few moments later, however,
Hummel contradicted himself complete
ly on this point, saying that he did not
make the arrangements;l that the pho
tographer did not come to his office, and
that he had not so testified After
Stanford White had the copy made he
returned the original of the affidavit
and the Photographic negatives and the
prints made from the negatives to
Hummel, who swore today that he
subsequently delivered the original af-
fidavit TO Evelyn and had not seen ii
since.
Abraham Sneidecker. one of Hum
mels clerks was called and said he
took the affidavit to Whites rooms in
the tower and handed it to the woman
pointed out to him as Miss Nesbit. She
kept the affidavit for five minutes and
signed, saying she had read it through.
DELMAs OBTAINS DELAY
At the conclusion of this testimony
District Attorney Jerome asked per-
mission to Introduce the carbon and
Photographic copy of the affidavit in
evidence. 1t was near the closing hour,
and Delmas asked that adjournment be
taken before arguing as TO the admis-
sibility of the affidavit. He said that
after reading the paper over he might
not object TO It being offeredsin evil
dence.
Coming as it does.7 Delmas added,
in such questionable shape. we may
deem it best to have the paper go in
evidence"
District Attorney Jerome completed
his medical testimony in the morning,
Attorney Delmas for the defense de-
clining to cross-examine any of the ex-
perts DR.. Flint, who testified yester-
day, was excused, and then five other
alienists were called, one after another.
Each said he was familiar with the
hypothetical questions framed by the
defense and by the prosecution. Basing
their opinions on these questions, they
declared that Thaw, when he shot and
killed Stanford White, knew the ma
ture and quality of his act and knew
that the act was wrong. One question
was put by Hartridge of the defense to
DR.. William Mahon, the last of the ex-
perts
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