The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1907-02-27

Mr.. Delmas objected several times
to the use of the photograph, but the
court allowed the question.
did Miss Nesbit have conversa-
tion with you in your Officer" asked
Mr. Jerome.
Mr.. Delmas objected, but was over
ruled.
Yes" said Hummel.
did you dictate to a stenographer
while she was present."
Mr. Delmas again objected, saying
the purpose of the district attorney,
apparently, was to contradict Mrs.
Thaw, and he could not properly in
terrupt her cross examination for that
purpose. Mr.. Jerome argued the point
| at some length, particularly in answer
to Mr.. Delmas statement that collat-
eral testimony was not permissible in
Testing the credibility of a witness.
IF / could prove Stanford White
was in Europe the night she says she
was drugged by him." declared Mr.
Jerome, that would be collateral
! fact, and | would not be allowed to
put in evidence But if she told Thaw
| in Paris that there was no truth in
! her statement about Stanford White.
then that would be a material fact,
and I should be allowed to put it in"
The affidavit contains the allegation
THAT Thaw whipped Miss Nesbit when
| she told him there was no truth in
the statement about White, and refus-
| ed to sign papers making the definite
charge against the architect.
II am not endeavoring to impeach
the Witness" protested Mr. Jerome,
/, ''but / want to prove the existence of
an original affidavit in order to intro
duce the copy and intelligently con-
tinue my cross examination"
Justice Fitzgerald overruled the OBJ
lection, and Mr.. Hummel said he did
dictate a statement in the presence of
Miss Nesbit.
"On the next day" asked Mr.. Je-
rome, "did Jacob Snydecker give you
, paper?"
"Yes"
A document was shown the witness
and he was asked If it was not car
bon copy of the paper referred to. Mr..
Delmas at once objected, and was sus-
tained by the court, it being held that
the question was an attempt to con-
trovert collateral facts brought out on
cross SS-e&dInlnaIlOn.
Mr.. Jerome asked Mr.. Hummel sew
eral other questions, where he gave
the paper to Miss Nesbit, what became
of it and when she next went to his
office, but objections to all of them
We're sustained
Mr.. Hummel was thereupen excused
temporarily.
Abraham Snydecker. who was a
clerk in Hummers office, was next
called. He said he knew Evelyn Nes-
bit
did you, on Oct. 2S. 1903, see her
sign a paper?" asked Mr.. Jerome
Mr.. Delmas objected to the question,
the court ruled with him, and Mr.
Snydecker was excused for the time
being.
Mr.. Delmas having successfully
blocked for the time being all testi-
mony regarding the alleged affidavit,
Mr.. Jerome asked that Mrs. Evelyn
Thaw be recalled. When she had TAX
en- the stand Mr.. Jerome handed her a
paper. and asked if from first to last
it was in her handwriting. Mrs. Thaw
spent some time in an examination Of
the paper, smiling occasionally as she
read it.
1t soon developed that the paper was
la diary. While Mrs. Thaw was read
ing Mr.. Jerome announced that a
packet of letters from Mr.. Lyon had
been received. The letters were adj
dressed to Clerk Penney He turned
them over to Assistant District Attor-
ney Garvan, who broke the seal.
Mr.. Delmas objected and asked that
y I<Z ri
over to the clerk.
Mr.. Jerome handed the packet to
Mr.. Penney. Justice Fitzgerald will
have to decide later what disposition
is to be made Of the documents.
They were sent on under stipula-
tion that they should be brought with
in the jurisdiction OF the court.
Mrs. Thaw said the paper she had
examined was all In her handwriting.
rs it not diary which You kept In
1902?e
Before Mr.. Delmas allowed the wit
ness to answer this question he took
the diary and began to read it to him
self from end to end.
Nearly forty minutes was thus occu-
pied, when Mr.. Denas offered no OBJ
lection, Mrs Thaw said she kept the
diary while at school in Pompton, n.
r., in 1902. Mr.. Jerome then read a.
few Extracts from the diary. One was
as follows:
Mrs. De Mile said to come right
in, and I jumped with the agility Of a
soubrette and began to get shy"
Another read
"She has a son, but must say he Is
a pie-face mutt
Then Mr.. Jerome read this: