The Birmingham age-herald., 1907-02-27
AFTER 5 DAYS ON STAND
 MRS, THAW IS EXCUSED

AT Cn J UH , UN , ! ANU
 MRS. THAW IS EXCUSED
 CONFINED FROM PAGE 1)
 
 fense had absolutely no objection and would so instruct MT Lyon.
 The matter of letters having been dis posed of MT. Jerome directed that Abra- ham II. Hummel, the lawyer who drew up the affidavit to which Evelyn Nesbit is said to have sworn and which charged Thaw with orueltes during their 1903 trip to Europe. take the stand.
 HummeI Sworn In. Hummel was sworn and took his seat in the witness chair.
 The big court stenographer seated in front of the witness chair all but hid the little witness from general view. The top of his bald head could occasionally be seen nodding to and fro. MT. Jerome first question was:
 Do you know Evelyn Nesbit Thaw." Yes"
 When did you first see herr"
 Sometime in 1901 or 1902.
 "Where%
 "I don't remember exactly.'
 Was it at your officer"
 Not the first time"
 "You knew her before that?'
 "Yes.'
 Did she go to your office on Octobep 27, 1903?" He was shown the photographic copy of the last page of the famous affidavit which MT. Hummel said refreshed his memory so that he could state positively that the date on which Evelyn Nesbit Thaw called at his office was October 27, 1903
 Photograph Identified.
 Mr. Delmas objected several times to the use of the photograph but the court allowed the questions.
 Did Miss Nesbit have a conversation with you in your office?' asked MT. Jerome.
 MT. Delmas objected but was overruled. "Yes,'' said Hummel.
 Did you dictate to stenographer while she was present?'
 Mr. Demas again objected, saying the purpose of the district attorney apparent- ly was to contradict Mrs Thaw and he could not properly interrupt her cross-eX- animation for that purpose. MT. Jerome argued the point at some length, par tlcularly in answer to MT. Delmas' state ment that collateral testimony was not permissible in testing the creditability of a witness.
 "If I could prove Stanford White was
 
 drugged by him. declared Jerome, that would be a collateral fact and I would not be allowed to put it in evidence. But if she told Thaw in Paris that there was no truth in her statement about Stanford White, then that would be material fact and l should be allowed to put 1t in
 Whipped Her.
 The affidavit contains the allegation that Thaw whipped Miss Nesbt when she told him there was no truth in the statement about White and refused to sign papers making the definite charge against the architect.
 q am not endeavorng to impeach the witness" protested MT Jerome, "but I want to prove the existence of an original affidavit in order to introduce the copy and intelllgently continue my eross-eX- animation
 Justice Fitzgerald overruled the objec- ton, and Mr Hummel said he did dictate statement In the presence of Miss Nes- bit. ,,, ."rhe next day" asked Mir. Jerome, did Jacob Scheldecler give you paper?' "Yes."
 A document was shown the witness and he said 1t was not a carbon copy Of the paper referred to. Mr. Delmas at once objected. and was sustained by the court, 1t being held that the question was an attempt to controvert the collateral facts | brought out on cross examination. Mir. Jerome asked Hummel several other questions, where he gave the paper to Miss Nesbit. what became of it and when she next went to his office, but | objection to all of them were sustained. MT. Hummel was thereupon excused temporarily.
 Hummel's Clerk Called.
 Abraham Snydecker, who was clerk | nnl He said he knew Evelyn Nesbit
 Did you on October 2S 1903, see her sign a paper" asked MT Jerome. MT Delmas objected to the question the court ruled with him and MT. Shy decker was excused for the timebeing.
 Mrs. Thaw Back.
 Mir. Delmas having successfully blocked for the timebeing all testimony regard ing the alleged affidavit, MT. Jerome asked that Mrs. Evelyn Thaw be re- called. When she had the stand, MT. Jerome handed her a paper and asked her if from the first to last 1t was in her handwriting. Mrs. Thaw spent some time in an examination of the paper smiling occasionally as she read. It soon developed the paper was a diary. While Mrs. Thaw was reading. Mir. Jerome announced that packet of letters from Mir. Lyon had been received. The letters were auuresseu to Siei N Penny.
 i. Justice Fitzgerald will have to de- eide what disposition is to be made of the documents.
 Mrs Thaw said the paper she had examined was all in her handwriting.
 Diary Mrs. Thaw Kept.
 "Is it not diary which you kept in 1902"
 Before Mir Delmas allowed the wit ness to answer this question he took the diary and began to read it to himself from end to end. Nearly forty minues was thus occu- pied. when Mir. Demas offering no ob- iections Mrs Thaw said she kept the diary while at school in Pompton, N. J in 1902 Mir Jerome then read few extracts from the diary. One was as fol- lows:
 "drs. Demile said to come right in. and I jumped with the agility Of sou- brette and began to get shy.
 Another read: She has son. but l must say he ls a pie-face mutt
 My room here is neither large nor small There is q white. virtuous bed. | took a nap and the last thing | re- member was 1 wondered how far l am ,om Rector's. Rector's is really not q oper place for an innocent young per, n but I always had a weakness for
 hereby swear never to read another.
 the one nice thing about Janice Meri-
 is that she is not really an angel f those persons too good for this
 Good Actress First"
 n one comes to think it over it