Los Angeles herald., 1907-04-09

/ WilIiA Hit WAS COnNHleEGllG ana VI HIS
efforts to restore her to health
He declared that Thaw was then pay
ing. honorable court to Evelyn and
/ made her an honorable proposal of mar
| riage soon afterward i'm Paris
Mr.. Delmas read at length from the
| letters Thaw wrote to his lawyer, Mr..
! Longfelow, claiming that they proved
beyond doubt that she had told him her
story and that he loved her honorably
and wanted to make her his wife.
He then called attention to the testi-
mony of Mrs. Caine, to the effect that
Thaw had. at the time Evelyn Nesbit
was still at school, asked her mother
for the child's hand in honorable mar
rlage.
The incidents of the European trip
in 1903 were then taken as showing
Thaw's great love for Evelyn Nesbit
He traced this love, as testified by
Evelyn Thaw and Mrs. William Thaw.
down to the time of his wedding.
Does a man who loves a woman"
exclaimed Mr.. Delmas, "who has loved
her for two years; who has lavished his
whole being on her; who centered on
her his happiness and his future; who
wanted her for his wife-does such a
man, l say, invent a story which dis
graces in his mind and in the mind of
the world the woman he loves?
Can any man tell you that Harry
Thaw deliberately invented this most
disgraceful and most debasing story
ever told? Gentlemen, I think l have
established to your satisfaction that
this story was true; that 1t Is not
fabrication; that Evelyn Thaw's state
ment that she told this story TO Harry
Thaw in Paris in 1903, is true.
Against this, what is there in this
case?
Nothing except the testimony of
Abraham Hummel. I do not wish to
speak of that unfortunate man in terms
any stronger than the stern exigencies
OF this case demand. 1t is a melancholy
picture-that of man In the declining
years of life, when the time is ap-
preaching when life's sun Is setting,
crowning life strewn along it's entire
path with mlsdeeds, by one crowning
act Of infamy, in resorting to perjury
in an attempt to deprive fellow being
of life."
Several Contradictions
Mr. Delmas read exhaustively from
Hummels testimony, pointing out
what he said were discrepancies in al
most every statement. He first read
what Hummel said about sending for
a photographer to make picture of
the AFFIDAVIT alleged to have been signed
~ tHNClS ANCSDll anu ndNlnE Inp
photographer come to his office.
Then he read where Hummel denied
sending for the photographer or that
the man had come to his office
These statements" declared the at
torney, came from the lips of the
same man upon that witness chair.
They were uttered under the solemnity
of his oath or whatever solemnity may
attach to the oath of felon-a man
convicted and under sentence for per-
jury. One of these statements was a
deliberate falsehood. Which it was L
care not. They probably were both.
Hummel testified that she dictated this
thing miscalled an affidavit. He says
he dictated it in his Office in 1903 to a
whose name or individu-
ality he does not recall. If he dictated
1t. if this is his work; if these are his
words; then he committed deliberate
perjury here before you and the evil
dence is here on the face of the paper
ITO testify against the defendant it
was necessary for Hummel-tnat
wretched little old man-to swear that
he was not acting as Evelyn Nesbits
attorney; that no legal action was con-
templated in her behalf. He came here
to tell you that Harry Thaw had
beaten like hound the woman he
loved. That is thing you men know
that he would rather have died than
done.
Swears to FaIsehood
''He swore he had never been attor-
ney for Evelyn Nesbit, yet on the back
of this very paper which lay before the
district attorneys eyes when this man
was on the stand are the words Howe
& Hummel, attorneys for plaintiff
words, 'Evelin Nesbit, plaintiff, versus
Harry K. Thaw, defendant This man
was perjured, perjured when he told
you that he was not her counsel, per-
jured when he said he was not her at
torney, perjured when he told you no
action was contemplated in her behalf.
What was the reason for the drawing
of this paper?
"It is simple. Miss Simonton had re-
turned from Europe and went to STAN
ford White with the story Evelyn Mes
bit had told her. He knew what he
had done would eternally disgrace him
If it became known and might send him
to prison.
HE found Evelyn Nesbit as soon as
she returned. He told her Harry Thaw
was bad man, that it was necessary
for her protection that he be kept away
from New York. He told her in Hum
To get from her by a cunning trick, n
deception, statement which
would keep Thaw from telling what he
knew would make trouble for White
In some way, I know not how, this
paper was drawn up. Then in the
tower Evelyn Nesbit was induced TO
sign it or sign some other paper with
out reading it or knowing what was
in it.
IT don't know whether it was this
paper or not Is it her signature or is
it a clever forgery or photograph? All
I know is that 1t comes from so ques-
tionable a source as to be Valueless
1t is a trick. How the trick was done
I don't know, but that it was a trick I
do know.
Committed Perjury
Upon its face this paper proves the
man who dictated it committed per-
jury on the stand. ] know he is a
convicted felon, know there are row
two indictments against him for pro-
curing false testimony"
To illustrate what he termed Hum
mers perfidy Mr.. Delmas delved into
the history of the Dodge-M Morse divorce