The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-14
Abe HunmeI Starts to Testify
As to EVe|yn's Affidavit About
Thaw Beating Her
OELMAS WILL FIGHT TO-DAY
TO KEEP TESTIMONY OUT
Adjournment at Noon After District
Attorney Bitterly Denounces De-
fendant and Wfe-May
Close Rebuttal Today.

New York, March 13.-After forenoon
session occupied almost entirely by Dis
trict Attorney Jerome in a bitter denun-
citation of the defendant and his wife,
the trial or Harry X. Thaw for the muir
der of Stanford White was adjourned
shortly after u o'clock To-Day until to-
morrow morning. The prosecuting at
torney found his opportunity to attack
Thaw and Evelyn Nesbit in arguing on
the question af admissibillty of the testi-
mony which Abraham Hummel, the law
yer who is under indictment for subor-
nation of perjury in the DodgeMo di-
vorce case has to offer.
1t was to enable Dolphin NJ. Delmas,
leading counsel for the defense, to con-
suit authorities and frame reply to
Mr.. Jerome, and also to allow the latter
an opportunity of completing the hypo-
thetical question which he is TO put to
his experts, that the early adjournment
was ordered.
May Close Rebuttal Today.
Mr.. Jerome said he hoped to close
the rebuttal for the people tomorrow
morning. During his argument today the
district attorney took on for the first
time since the case began a sustained
oratorical tone. He asserted that Hummel
would swear Evelyn Nesbit told him
three days after her return from Europe
in 1908 that Thaw had beaten her cruelty
because she would not sign papers he
had prepared falsely accusing Stanford
White of having drugged and betrayed
her. Mr.. Jerome contended that she had
told much more, that Thaw seemed bent
on putting Stanford White in the peni-
tentiary; that the statement that STAN
ford White had betrayed her was not
true; that Stanford White had never
harmed her, and that Thaw was con-
sumed with rage when she refused to
sign and swear to the papers containing
"lies" against Stanford White.
"These things were put In the form
of an affidavit" declared Mr.. Jerome,
land the affidavit was subscribed to by
Evelyn Nesbit when she knew what she
was doing and what the paper contained.
I'VE want to show that the girl who
told this remarkable story here on the
witness stand swore at another time, un-
der the solemnty of an oath, that naked
stripped, absolutely naked-she had en-
dured the lashings and beatings of this
defendant rather than swear to his false
statements that Stanford White had
drugged and ruined her.
Whether She Told Thaw.
Mr.. Jerome argued that the material
point of the case is whether or not Evelyn
Nesbit told Thaw the story of her al
legged ruin by Stanford White. Without
that story in evidence he declared the
reason for the defendants alleged in
sanity disappears. The prosecutor plain
ly admitted the Importance of young Mrs.
Thaw's testimony and he said he wished
Hummers testimony to show her own re-
pudiaton of the charges which on the
witness stand she renewed aaginst White.
"Thus," he concluded. "the jury may
infer from her own statements after her
return from Europe in 1903, whether or
not she had within two months of that
time told this defendant the things she
said she did
Mr.. Delmas objected to Humme as
witness upon the ground that his testi-
mony had to do with the truth or falsity
of Mrs Thaw's narration and was not
permissible under the rules of evidence.
He will proceed with his argument to-
morrow. Mr.. Jerome's contention is that
while he may not attack the truth or
falsity OF Mrs Thaws statement that
the truth of her assertion that she told
the story to Thaw at the time she says
she did.
Mr.. Delmas first sought today to in
terrupt Hummels testimony by showing
that he was acting as Evelyn Nesbit's
legal adviser and counsel when she made
certain statements to him. Hummel
evaded this, however, by saying he was
acting solely as Whites counsel. and no
legal action had been contemplated in
beh If of Miss Nesbit He said he was
paid yearl retainer by Stanford White
and could not say exactly what he
charged the architect for drawing up
the affidavit. Asked If IL was $1,000, he
burst into laughter, ana said it alb
solutely not He finally placed the charge
at Sl00-about.
Squeezed $1,000.
When Evelyn Nesbit Thaw was on the
witness stand she said Stanford White
came to see her one evening in 1903, and
asked her what she had told Hummel
about him. adding that ABE Hummel
has Just squeezed $1,000 out of me, and
the Lord only knows how soon he will
squeeze another.
Young Mrs Thaw's testimony regarding
the affidavit was to the effect that Stan
ford White had taken her to Hummel's
office after telling her lots of horrid
things about Harry and that she had
told Hummel about her trip through
Europe with Thaw. She said: Mr.. Hum
mel then dictated "A lot of things to
man and put in lots about Harry *.
Thaw which was not true at all"
She denied signing any paper in Hum
mel's office, but admitted having signed
some pers later in Whites studio. She
claimed she did not now what the pa
per-, were Sometime afterward she says
she demanded that White show her the
papers She was taken to Hummels Of
flee and there a paper bearing her sigma
ture was shown her and burned. She was
not allowed to see it. she declared. AL
mo- since the beginning of the trial
Distri t Attorney Jerome has been trying
to put in evidence a Photographic copy
of the affidavit.
Mr.. Jerome continued quite optimistic
about bringing the taking Of testimony
to q close this week. hut others who