The Wahpeton times. [volume] (Wahpeton, Richland County, Dakota [N.D.]) 1879-1919, 1907-03-21
THAW SANE SAYS
STATES EXPERT
OR. FLINT, ANSWERING HIPPO.
THETlcAL QUESTION, SAYS
HARRY WAS SANE.
huMM[l'SSTORY GIVEN TO JURY
TELLS OF AFFIDAVIT IN WHICH
EVELYN SAID THAW BEAT
HER.

New York, March 15.-After fore
noon session occupied almost entirely
by District Attorney Jerome in bit.
ter denunciation of the defendant am!
his wife, the trial of Harry X. Thaw
for the murder of Stanford White was
adjourned shortly after IL o'clock yes
terday until this morning. The prose-
cutting attorney found lis opportunity
to attack Thaw and Evelyn Nesbit in
arguing on the question of the admis-
sibility Of the testimony which Abra-
ham Hummel. the lawyer who is under
indictment for subornation of perjury
in the Dodge-Morse divorce case. has
to offer.
Says Thaw Was Sane.
| New York, March 16. - Answering
precisely the same hypothetical uues-
ton in response to which the alienists
of the defense declared that Harry X.
Thaw was suffering from an unsound
mind when he shot and killed Stanford
White. D:. Austin Flint. the first ex-
pert called yesterday by District At
torney Jerome in rebuttal. declared it
to be his opinion that Thaw positively
did know the nature and quality ct
his act and knew that the act was
wrong. When the court adjourned for
the dav Mr.. Delmas had not begun his
cross-examination of DIR. Flint.
%O lint h,
same question which Mr.. Delmas put
to the experts for the defense and hay
ing him declare that Thaw was sane,
on the assumption of the facts therein
stated, Mr.. Jerome had read to the
witness the prosecutions hypothetical
question. which contained $4,000
words, and which required one hour
and eighteen minutes in the reading.
DR.. Flint again said without qlaliiica-
ton that Thaw was sane and knew. his
act was wrong.
Delmas Fights Every Inch.
New York. March 17.-With Attor-
ney Delmas fighting him every inch OF
the way. District Attorney Jerome
yesterday secured from Abraham
Hummel his complete story as to the
affidavit which it is alleged Evelyn
Nesbit Thaw made in the lawycr's OF
flee i'll 1903, charging Harry X. Thaw
with beating her. and when she had
told him that the statement that Stan
ford White had drugged and ruined
her was not true. MIR. Delnas, first
directing broadly to all Of Hummel's
testimony, offered specific objection
to each question put by the prosecutor.
Justice Fitzgerald overruled every o.
| lection.
| Evelyn Thaw Called.
| Evelyn Nesbit Thaw was called to
the stand in the effort of the defense
to keep Hummcl silent. She declared
she had called upon Hunmcl in his
professional capacity and 10 seek his
advice as a lawyer. Justice Fitzgerald
declared that. admitting the PROPOSE
ton of counsel and client. Mrs. Thaw
had herself waived the professional
privilege by taking the stand early in
the case and giving her version al
what TRANSFERRED ut Hummel's Office.
Gets Hummei's Record.
Unsuccessful in blocking Hummel $
testimony, Attorney Delnias in cross
examining the witness brought from
his own lips the fact that he had
been convicted in December, 1905, OH
charge of conspiracy. He further
admitted that two indictments for sub
ornation of perjury are pending
against him and that one Of these in.
dictments charges him with having
caused a false affidavit to be made.
Mr.. Delmas wanted to know if Hum
mel had any more recent business
transactions with the district attorney
and asked if Mr.. Jerome was pressing
the charges against him.
HE certainly is said the witness
with spirit.
Affidavit Held Up.
Il At the conclusion of this testimony
District Attorney Jerome asked per
mission to introduce the carbon and
Photographic copies of the affidavit in
evidence. 1t was near the CLOSING
) hour, and Mr.. Delmas asked that al
; journment be taken before arguing as
to the admissibility of the affidavit. Hi
said that after reading the paper
: over he might not object to it's being
offered in evidence. Coming. as i
does" he said, lin such questionable
| shape, we may deem it best to have
. the paper go in evidence"
District Attorney Jerome completed
> his medical testimony during tn,
, morning session, Attorney Delmas, TO-
the defense, declining to cross-exam
inc any of the experts.
DUTCH BEAT REBELS,