The Montgomery advertiser., 1907-03-15

her husband, the truth of that story not being open to Impeachment un- der the rules of evidence"
 aarhere Is not a scintilla of evidence here said Mir. Jerome, that Hummel aver was attorney for Miss Nesbit on the contrary. we have the oath of the witness that he was not so acting"
 He has answered both ways accord ing to the record" said Justice Fitz- gerald.
 MT. Delmas said:
 stanford White told Evelyn Nesbit he was taking her to see Hummel In order that Hummel might protect her from Harry Thaw. Protect her howT" concluded the lawyer. ~as a man or as a lawyerf'
 Mir. pelmas asked permission to put Evelyn Nesbit Thay on the stand to testIIy that Hummel acted as her att torney.
 Mr. Jerome demurred to this at first and then said he would not object if the witness was called to the stand be- fore recess and cautioned not to dis euss her testimony with anyone.
 "Do I understand the district attor- ney to imply" said MT. Delmas, that there Is anything improper in counsel conferrinR with a witness. Is he to deny us the privilege he has taken ad- vantage of throughout this case"
 Justice Fftzgerald was about to or der the recess when Mir. Jerome inter- rupted to say that all the scientists en- gagged by the prosecution were in court today and he would like to have the consent to excuse Hummei and post bone hearing Mrs. Thaw until the ex- perts had testified. He asked the privi- iege of calling these experts when naurt reconyened.
 MT. Delmas consented and Justice E1tzgerald ordered an adjournment un- ell p. m.
 Six Experts Sworn.
 An soon as court convened for the afternoon session District Attorney Jerome called on six of his experts 10 be sworn They were Flint, Hirscn, Diefendorff, Mabon, Pritchard and Fer rts.
 After all had taken the oath MT. Je- rome directed Dr. Flint to take the stand. MT. Jerome then began to read to the witness the hypothetical ques- ton which MT Delmas had submitted to his experts.
 On this Dr. Flint said he thought Thaw knew the nature and quality of his act and knew the act was wrong.
 At 2:4T Assistant District Attorney Garvan began the reading of the prose- cution's hypothetical questions.
 Thaw's counsel, with copies of the question in their hands, followed the reading closely.
 The hypothetical question which Je- rome put to his six experts at the af- ternoon session and on which he asked them to base an opinion as to Thaws sanity covered practically all of the evidence in the case. It contained about lb.OOO words and through the question Thaw was referred to as I'll. K. T." and Evelyn Nesbit as "E. N"
 Mir. Garvan read that portion of the Hypothetical question quoting pr. Evans, the defense's principal alienist who testified that during one of his first visits to the Tombs, Thaw had said to him that his eyes were better than pr. Allan McLane Hamilton's. Dr. Eamilton's eyes, Thaw said, looked like those of an insane man.
 MT. Garvan finished reading the long question at 4:26 ?. m., having been one hour and eighteen minutes at the task.
 MT. Jerome then arose and asked Dr. Flint if in his opinion as scientific man Thaw, when he shot Stanford white, knew the nature and quality of the act and that the act was wrong
 "In my opinion" said Dr. Flint, "the person described as Harry K. Thaw when he shot Stanford White knew the nature and quality of his act and knew that the act was wrong.
 This concluded Mir. Jerome's exami- nation and he turned Dr. Flint over to Mir. Delmas for cross examination.
 Mir .Delmas asked for an adjourn ment until tomorrow morning to pre- pAre for the cross examination and Justice Fitzgerald granted the request