Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-02-27
THE ThAW TRIAL.
Continued from Page One.)

up the affidavit to which Evelyn Mes
bit is said TO have sworn and Wnlcn
charged Thaw with cruelties during
their 1903 trip to Europe, to take the
stand. Hummel, who is very small
man. walked forward rapidly and TOOK
his seat in the witness cnalr- MI Jef-
ONES first question was:
do you know Evelyn Nesbt ina"
Yes"
when did YOU first see here" Some
time in 1861 or 1902
Witness did not remember where ne
6rs, cav her before he met her at his
Office. He was shown the photograph
conv of the last page of the famous affi-
dayit which Mr. Hummel said refreshed
his memory so that he could state posi-
tively that the date on which Evelyn
Nesbit Thaw called at his Office was oc1.
81 1905. Mr.. Danas objected several
items 10 the use of the photograph but
the court allowed the question
IBID Miss Nesbit have a conversation
with you in your Officer" asked MIR. Jer-
ONE Yes said Humlne!.
Did you dictate to a stenographef
while she was present:
Mr.. Delmas objected. saying the pur-
pose of Mr.. Jerome apparently was 10
contradict Mrs. Thaw and he could prop
erly interrupt her discrimination for
that purpose. Mr.. Jerome argued ths
point. particularly in answer TO Deimas
statement that collateral testimony was
not permissible in testing the credibi!ity
of q witness.
IF | could prove White was In Europe
ty.. Oh. SayS no was tll,ICge6 Dy
him." declared Mr.. Jerome, that would
be a collateral fact and I would not be
allowed to put in evidence. But II sh"
tod Thaw in Paris that there was no
truth in her statement about Stanford
White then tnat would be material
fact and / should be allowed TO put i
in
The affidavit contains the allegation
that Thaw whipped Miss NeSbit when sin"
told him there was no truth II the state
uant about White and refused TO sign
papers making the definite charge
against the architect. Mr.. Jerome said
he wanted to prove the existence of an
original affidavit 50 he could introduce
the COPY.
Justice Fitzgerald oyerrulcd the objec-
ZION sLIiu Llt. t1uIfliHtl StL!tt hIu uscldlt1
a statement in the presence of Miss Nes-
bit.
"On the next day" asked Mr.. jerome
did Jacobson or Snydrecker give you j
paper?" Yes"
4 document was shown the witness and
he was asked if it was not carbon copy
of the paper referred to. AIR. D.-,mas OBJ
jected and was sustained. ii being held
that the question was an attempt to con-
trovert collateral facts brought out on
cross-eXamination.
Mr.. Jerome asked Mr.. Hummel severa!
other questions, whether he gave the pa
per to Evelyn Nesbit. what became o.
it and when she next went to his Office,
hut objections to all of them were sus-
tanned.
Mr. Huinmel was excused temporarily.
Abraham Srydrecker. clerk in Hum
| rlcl's office, rext was called. He said he
knew Evelyn Nesbit.
Did you on Oct. e. 1907 see her sign
| paper?" asked Mr. Jerome
Mr.. Delmas objected and tile court rul-
ed with him and Mr.. Snydrecker was ex-
| cused for the time being
| Mr.. Delmas having successfully block
Ell all testimony regarding the alleged af-
fdavit for the time being, Mr. Jerorn,
asked that Mrs. Evelyn Thaw be recall
ed When she had taken the stand Mr..
jerome handed her paper and asked if
from first to last it was in her handwrit-
ing. Mrs. Thaw examined the paner
smiling from time to time as she road
IL soon developed the paper was q dia-
ry. While Mrs. Thaw was reading. Mr..
Jerome announced that a packet of let
tors from Mr.. Lyon. addressed to Clerk
Penney. had arrived. lie turned over to
Assistant Dist. Atty. Garvan. who broke
the seal
NJ DclmaS objected to this and asked
that the letters be rc-sealed and t,,rnal
over 10 the clerk
Ny. jerome handed the packet to NJ
Penney. Justice Fitzgerald will have II
| decide later what disposition Is IL hn
| made OF the documents. They were sent
"h under a stipulation that they should
DC brought within the jurisdiction of ,bo
| court.
MIS- Ihaw said III" pap"r she had OK
ahmed was all in her handwriting
Il" 1t rot diary which YOU kent i,
| 1902" - 'ep' IL
Before Mr. i, 'mas allowed he VII
ness TO answer this question III took TIA
dlary and began to read it to binsa,e
| from end to end
MI. Delmas required nearly 40 minutes
| 10 read the diary. He offered no ohiac
! tion to it. Mrs. Thaw said she kcnt i,
"hlie at school in Pompton. y. 7 in
1907. Mr.. Jerome read few extract
from the diary. One was : follows.
Mrs. DeMillo said to come right in
ana | jumped with the agility OF >
soubrette and began to get shy
Another read: "Shc has q son. b,t |
must say he is pie face NUT"
Then Mr.. Jerome read this: "My room
here is neither large nor small. There
| Is white virtUOus bed I took a mar
ard the last thing l remember was
wondered how far am from Rector's
Iector's is really not proper place
for an innocent young person. but I al
ways had weakness for it
Mr.. Jerome read further: L hereby
swear never to read another. But The
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