The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1907-04-09


OF rape" aud then declared that Presl.
dent Roosevelt had said In u message
to congress that such crime should
be visited with death. This was one
of the suggestions which Thaw him
self made TO his counsel for his sum
ming up speech. one Of the suggestions
which played so important n part In
the proceedings before the lunacy com.
mission.
Mr.. Delmas declared that God heard
the cry OF the fatcd child upon whom
Stanford White had fixed his gaze and
had determined should be his. He
quoted from the Bible that "he who
aiiiicts n fatherlcss child shall per
ish" and declared that Providence had
sent Thaw to ayengc the wrong.
The attorney paid glowing tribute
10 the love which Thaw and- his wife
bear each other. He declared that
Thaw Is the girls only protector; that
he came into her Me when she was on
the downward path; told her that. no
matter what the world thought Of her.
she was 10 him an angel. lie took her
to be his wife, ready 10 share the bur
dens that mother had helped 10 place
upon her own daughter.
Mr.. Delmas accused Mrs. Ncshit Of
having lived upon the wages of her
daughters ruin. lie sought 10 picture
To the jury what he termed the SIMS
ter surroundings In which the girl had
been reared. and IN doing 80 he mer.
cilessly attacked the mother. Mr.. Del.
mas rose To the highest point Of his
address when he told the jury that the
girls mother was the one who had fur.
nlshed District Attorney Jerome with
the arrows with which 10 wound the
daughter ON cross examination, a cross
examination which he declared would
live long In the annals OF criminal
history. but which left the girls story
mistaken In all It's essential details.
That Evelyn Nesblt's story WAS true
and was told TO Harry Thaw formed
the subject OF the argument for more
than an hour. Mr.. Delmas declared the
only evidence the district attorney had
to bring against the girl was the mis-.
called affidavit" procured by Abraham
Hummel. Speaking of the latter. Mr..
Delmas again drew heavily upon the
bltierest adjectlves Of his wide vocab.
ulary and asserted with emphasis that
Il would require more than the word
Of a periured man 10 send Harry
Thaw "a an ignomlnlous death. Hum.
mel was accused 10y Mr. Delmas OF
having committed deliberate perjury
upon the stand In the present trial
when he sworc he was not acting as
Evelyn Nesbit's counsel and that no
action was contemplated In her behalf.
lie said the 20 called affidaylt itself
convicted the man 81 these falsehoods.
DelmaS declared there must be some
thing nore than this wretched Hum.
met afidavir' upon which 90 convict
Harry Thaw. lie denounced Huinmcl
~ man ready 10 commit crime for
money.
Ne swore be had never been sttor.
ney for Evelyn Neshlt." he said. 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 a IIummel. attor.
neys for plaintiff
ION the piper Itself are these words.
Evelyn Ncsblt. plaintiff. versus IIar.
~ X. Thaw. defendant This man
pcrIurcd when he told you he was
MT her counsel. perlurc,l when he said
he was not her attorney. perIurl
when be- told you no action was con.
templated In her behalf What was
the reason for the drawing ~ this pa.
pert II II simple. Miss Slmonion
had returned from Europe aud went 10
stanford white with the story Evelyn
Ncsblt had told her lie knew that
what be had done would eiernally dis.
grace him n II became known: that II
might send him 90 prison.
'iIe found Evelyn Nc-blt NJ soon a.
.he returned. lie told her that Harry
rhaw was bad man: that II was nee.
essary for her protection that be- he
kept away from New York. lie took
her 10 Hummel's Office. aud what was
his objecti To get from her by q
cunning trick. n monstrotis dsccp'inn
n statement which would keep Iiiiw
from telling what he knew that would
make trouble for White In some
way. I know not how. this paper was
drawn up.
Then In the tower Evelyn Nesblt
was Induced 10 sign II or 10 sign some
other paper without reading II or
knowing what was In H. don't know
whether II was this paper or not l.
this her signature or II II clever Ter
gerry or photograph All knaw Is
what comes from ~ questionable q
source NJ 10 be yslnclcs-. II IL a
trick. How the trick was done I do
not know. but that II was trick !
10 know.
Upon It, face this paper proves that
the man who dictated II committed
perjury on the stand. know that he
IL n convicted felon. I know that
there are aow two lndicin cnis against
him for procuring false tsstimony."
To illustrate what he termed Hum.
mel's perfdy Delmas delvcd into the
history Of the Dodge Morse divorce
case and explained 60 the jury how
the discredlted lawyer obtained false
testimony In an effort 20 set aside
marriage which had been legally per.
formed and which had resulted hap.
PLY"
"And you. gentlemen" Dclmas con.
tlnued. ARE asked upon this mans
testimony 10 make this poor child a
widow by sending this defendant TO an