The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-16

w 9 ADMIT Tile WltntSS Weto SohNiSlcu Va
a misdemeanor," interrupted Mr.. Jerome
but / submit that the details of that
humiliating incident are not cross-exam-
nation questions"
Justice Fitzgerald allowed Mr.. Delmas
to proteed.
Menace to Community.
when you were sentenced, said Mr..
Delmas, did you not hear the remarks
made by District Attorney Jerome, asking
the court to inf1ct the longest and heav-
lest penalty possible on you, as you had
been menace to the community for
twenty years?"
Mr.. Jerome renewed his objection to
this and was sustained
II do not want to put the district attor-
ney on the stand unless he makes 1t
necessary said Mr.. Delmas, who then
turned again to the witness and said
Now, Mr.. Jerome -"
A wave of laughter swept the court
room. Hummel, the district attorney and
Mr.. Delmas all Joined in the merriment
over the mistake.
Indictments Against Him.
There are two other indictments-for
subornation of perjury pending against
YOU. Mr.. Hummel?' asked Mr.. Delmas.
Yes"
"One charging you with procuring
false affidavit to be made In a proceed
ing to set aside a divorce decree?'
Yes"
And the other charging you with pro-
curing false testimony in the same pro-
ceeding?"
Yes SIR"
You appealed from your conviction, l
believe. Was it confirmed?"
mo indeed" said Hummei bristling up.
ION the other hand 1 obtained certih-
Ia 1n,,h a. 70 lQQQlitV
of my conviction"
rs Mr.. jerome urging the case against
your
HE certainly is''
rs he urging a speedy trial for you on
the two indictments for felony?'
Addressing the court Mr.. Jerome OBJ
iected. and said:
.Will your honor admit that?"
Justice Fitzgerald said he would, and
Mr.. Hummel said his trial had been
stopped on account of his appeal, the
two pending indictments involving tins
same transactions as the CONVICTION Tor
conspiracy.
''If the purpose of this line Of exam
nation is to show bias on the part OF the
witness, 1t Is proper" remarked MI
Jerome but I would like to be allowed
to go on the stand and show the status
Of the case"
1.-The district attorney has perfect
right to call witnesses, including himself,
replied Mr.. Delmas.
what is the penalty involved If you
are convicted on the pending indict-
ments?" asked Mr.. Demas of Hunmel
1.-The maximum PENALTY is five years on
each"
Y Had Been Disbarred.
Mr.. Delmas next brought out from
IIummel that he had been disbarred from
practicing law in 1872 on charges of
bribery Hummel declared he was re-
stored after two years. The witness ad-
mitted that he us now under suspension,
and a petition for his disbarment is pend
ing.
Hummel was then excused and Araham
Snydecker, one Of his clerks, and a notary
was called.
Snydecker Called.
Snydecker said that in company with
Jacobsen he had taken the original copy
of the affidavit to the. Madison Square
Garden opera tower, where he was shown
into an upper room. He handed the az
fidayit to Miss Nesbit who held it in her
hands for fifteen minutes, more or less
and then signed 1t. II asked her IL she
had read 1t and she said yes went on
the witness, land then l signed my name
as notary"
"On cross-examination Snydecker said
he did not know whether the room In
which the paper was signed was an onice
or a bedroom-it had two chairs, he
remembered.
Snydecker said he had never seen Eve
Ign Nesbit before that evening or since
Snydecker was excused and District
Attorney Jerome Immediately rendered
the copies in evidence.
Mr. Delmas said he was not prepared to
state whether or not the defense would
offer any objection to admitting the copies
of the affidavit in evidence. He would
like. however, to have the opportunity
I-of examining the paper and consulting
with his associates before committing