Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-03-14
JEROME ATTACKS MRS. THAW
IN Attempting to Get Affidavit Before Jury
BE AOousss Her Of Perjury.
sPELcH S SENSATIONAL N IMRLNL
Mr.. Delmas win Answer Argument
on Legal Point Today-Prosecution
Expects to close It's Case
This Week.


NEW YORK. March 1s-After forenoon
session occupied almost entirely by Dis
| trict Attorney Jerome in bitter denuncia-
t'on Of the defendant and his wife, the trial
Of Harry X. Thaw for the murder Of Stan
ford White was adjourned shortly after Il
O'CLOCK to day until tomorrow morning.
The prosecuting attorney found his oppor-
tunity 10 attack Thaw and Evelyn Nesbit
in arguing on the question Of the admis-
sibility or the testimony which Abraham
Hummel, the lawyer who Is under lndiot-
ment for shbornation OF perjury In the
Dodge Morse divorce case, has to offer. It
was to enable Dolphin NJ. Delmas, the lead
ing counsel for the defense to consult au-
thorities- and frame a reply to Mr.. Jerome
and also to allow the latter an opportunity
Of completing the hypothetical question
which he h 20 put to his experts that the
early adjournment was ordered. Mr..
Jerome said he hoped to close the rebuttal
for the people tomorrow evening
Jerome Attacks Mrs. Thaw.
During his argument today the district
attorney asserted that Hummel would
swear that Evelyn Nesbit told him three
days after her return from Europe IN 1903
that Thaw had beaten her cruelty because
she would not sign papers he had prepared
falsely accusing Stanford white OF hav-
ing drugsed and betrayed her. Mr.. Jerome
contended that she had told much more,
that Thaw seemed bent upon putting Stan
ford White in the penitentiary, that the
statement that White had betrayed her
was not true, that Stanford White had
never harmed her, and that Thaw was
consumed with rage when she refused to
sign and swear TO the papers containing
"lies against Stanford White"
These things we're put In the form OF an
aiiidaviti" declared Mr.. Jerome, land that
affidavit was subscribed to by Evelyn Mes
bit when she knew what she was doing and
what the paper contained. We want to
show that the girl who told this remarkable
story here on the\ witness stand swore at
another time under the solemnity of an
oath that she had endured the lashlngs and
beatings OF this defendant rather than
swear to his false statements that Stanford
White HAD drtsged and ruined her"
Mr.. Jerome argued that the material
point Of the case is whether or not Evelyn
Nesbit told Thaw the story Of her alleged
ruin BY Stanford white. without that story
IN evidence, he declared the reason for the
defendants alleged insanity disappears
The prosecutor plainly admitted the Inn
portance of young Mrs Thaw,s testimony
and he said he wished by Hummel's tes-
tlmony to chow her own Reputation Of the
charges, which on the witness stand she
renewed against White. Thus" ne con-
eluded the jury may infer from her own
statements after her return from Europe
in 1908 whether or not she had within two
moths OF that time told this defendant
the things she said she did"
Deihhs VIII Reply Today.
Mr. -Delrias objected to Hummel az a wit
ness on the ground that his testimony had
TO do with the truth or falsity OF Mrs
Thaws narration and was not permiss-
ible under the rules of evidence. He will
proceed with his argument tomorrow. MIR.
Jeromes contention is that while he, may
! not attack the truth or falsity OF Mrs
Thaw's statement that she was betrayed
by~White, he can attack the truth Of her as
eertion that she told the story to Thaw
at the time she says she did.
Mr.. Delmas first sought today to inter-
rupt Hummers testimony by showing that
he was acting as Evelyn Nesbits legal
advcer 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 behalf of Miss Mes
bit. He was paid a yearly retainer by
| Stanford white and could not say exactly
what he charged the architect for drawing
up the afidavit. Asked If II was 1900,
he said absolutely It was not. He finally
placed the charge at lone hundred dol
| lars-about"
When Evelyn 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 Humhel had just squeezed LOO
out Of me ana the Lord only knows how
soon he viii squeeze another"
! Mrs. Thaw's story Of Amdavit.
Young Mrs. Thaw's testimony regarding
the affidavit was that Stanford White had
taken her to Hummels ONCE after telling
her "iots OF horrible things about Harry
and she told Hummel about her trip
through Europe with Thaw. Mr.. Hum
mel" she said, then dictated lot OF
things to a man and put in lots about
Harry Thdw which was not true at all"
She denied signing any paper in Hum
meps ONCE, but admitted having signed
some papers later In Whites studio She
IL.