The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-19
Case for People Closed With
HunneI Affidavit as 10 As
sauIts on Evelyn
VERDICT BY FRIDAY NIGHT
IS NOW THE EXPECTATION
But Four Experts to Be Examined.
Three Finished In an Hour-Hur;-
mel Document Alleges Severe
Beatngs With CoWhides.

New York, March 1S.-When the Thaw
tr.=l was adjourned this afternoon there
remained but four expert witnesses to
be examined before the taking of evil
dence closes. Three experts were dis
po5a of today in e little more than an
hour, SO it is believed that the last word
of evidence may be uttered in the famous
case tomorrow. In that event the sum-
ming ur by Mr.. Delmas for the defense
will begin Wednesday morning.
District Attornty Jerome will reply on
Thursday Justice Fitzgerald may pro-
ceed in mediately with his charge to the
jury, or he may defer it until Friday.
Unless the unexpected happens there
should be a verdict by Friday night.
The case for the people was finally
closed today by the Introduction OF the
much discussed Hummel affidavit, with
LIE consent of the defense, which was
rea- in full to the jury. The affidavit
proved a surprise only in the alleged Sc
verify of the assaults Harry X. Thaw
is said to have made upon Evelyn Nesbit
during their trips through Europe in
1903 when, according to the testimony of
Abraham Hummel, Miss Nesbt would
not sign statements which Thaw had pre-
pared accusing Stanford White of hav-
ing drugged and ruined her.
In this affidavit Miss Nesbit charges
The. with having attacked her with a
cowhide whip while they were stopping
at an old castle in the Austrian Tyroh
an the thrashiag of her bare skin up-
cha foin hn puiY, n nd
swooned. lie repeated the attack the
next day according to the affidavit, and
afterwards in Paris. where he beat her
at half-hour intervals throughout one en-
tire day leaving off only when she would
faint away and could no longer under
stand what was happening.
Miss Nesbit is alleged to have sworn in
the affGavit that she was in daily fear
for her life and that Thaw acted as a
demented person curing some of the as
saults. The affidavit was in some ways
a direct contradiction of Hummers re-
cen. testimony upon the stand. In order
tina the defense might not prevent him
from telling the story of the making of
the affidavit, he stated positively that he
was not acting as Miss Nesbt's attorney
when he drew up the document; that
he was acting solely in the interest of
Stanford White and that no legal action
woman who is now Harry Thaw's wife.
There was considerable surprise, conse-
quently, when Mr.. Jerome read today the
opening words of the affidavit, which
were:
Supreme court county of New York
Evelyn Nesbit, PLAINTIFF, against Harry
Kendall Thaw, defendant"
t is said the action contemplated when
the affidavit was made was the retriev-
cry of certain property which 1T was al
lie ed Thaw had wrongfully taken from
the girl. In debating the affidavit Hum
mel referred to himself as Miss Nesbit's
attorney she being represented to have
engaged him.
Il have received certain letters and
cablegrams from Thaw which | have
turned over to my attorney, Mr.. Abraham
Hummel"
The affidavit is also indorsed Howe &c
Hummel Attorneys for Plaintiff"
When Mr.. Delmas began the introduce
tion of testimony in sur-rebuttal he in
troduced first of all the record of the trial
and conviction of Hummel on the charge
of conspiracy. He started to read the en-
tire record, but had not reached the re-
marks Mr.. Jerome made at the sentencing
of Hummel, and which Mr.. Delmas want
ed TO present to the jury, when Mr.. Je-
rome said he would admit the entire rec
ord without objection.
j.
district attorney references to Hummel
for the defenses summing up.
Next Mr.. Delmas put ON the stand three
policemen who saw Thaw the night of
the tragedy, or early in the morning after,
and they all declared that he either
looked or acted irrationally. To two of
them he complained of hearing young
girls voices. The Witnesses admitted on
cross-examination that there were seven
women of the street in the station, but
could not be heard from Thaw's CELL
After this testimony had been presented
Mr. Delmas passed to the final stages of
the trial by introducing the first of seven
alienists employed by the defense, three
of the experts being new to the case. DIR.
Graeme M. Hammond and DIR. Jelliffe,
who have been in the case from the first,
and DR.. White, superintendent of the gov
ernment hospital for the insane at Wash
ington, were today's witnesses, and all
were interrogated on the hypothetical
question framed by the district attorney.
All three of the exportss declared Thaw
was so mentally unbalanced at the time
he killed Stanford White that he did not
know the nature or quality of his act,
and did not know that the act
was wrong None of the three would
classify the form of insanity from which
they said the defendant was suffering.
Tomorrow the experts will be Drs.
testified for the defense, and wlloSwill
now be asked to give an opinion on Mr..
Jerome's long hypothetical question. and
Dr. Charles W. Pilgrim of Poughkeepsie,
president of the New York state lunacy
commission, and Mr.. Minas Gregory. SUI
perintendent of the psychophatic Pavilion
at the Bellevue hospital
There was a fifteen minutes delay at
the opening of the trial this morning.
When the proceedings finally begun, Mr..
Jerome offered in evidence the broken
pieces of a photograph negative of the
last page of the famous Hummel affidavit
hearing the signature of Evelyn Nesbit.
Mr. Delnas promptly objected TO its in
PRODUCTION and began an argument ON the
point.
Justice Fitzgerald overruled the objec-
\ tion and the negative was accepted in
1avidence Mr.. Jerome then offered in evi-