Evening journal., 1907-03-13
DELMAS FIGHTS
AGAINST HUMMEL
Prevents DiSbaTred Lawyer
From Telling Of Evelyn
ThaW'S Recital
JEROME ASKS TIME
AND GETS CONTINUANC CE
By our own Wire, Publishers Press.

BY our own Wire. Publishers Press.
NEw YORK. March Realizing
that the hardest blow yet given the
cause Of Harry X. Thaw was the tes-
timony OF aJmes Clnch Smith. brother
in-law OF Stanford White who testified
yesterday afternoon, the defence IS ex-
pected to-day 10 make It's hardest fight
Of the trial I'm an effort 10 throw out
bodily all the testimony Of the state
lprize witness.
The tardlness Of Foreman Deming B.
Smith Of the jury again caused late
start Of the trial to-day and when the
/ proceedings were finally opened District
Attorney Jerome called for James
Clinch Smith, Stanford Whites broth
er-in-law and yesterdays sensational
witness. Smith had promised to bring
into court to-day the telegram he re-
ceived in Paris from chrome, asking
hi INTO return to New York 70 testify
Smith was not In the room at the time
and Jerome called Abe Hummel, the
former attorney of Stanford White to
the stand Hummel is the man in whose
Office Evelyn Is said TO have made an
affidavit as 70 cruelties practiced on her
lby Thaw during the European trip In
reply to questions by Jerome. Hummel
stated that Evelyn was in his office Oc-
tober 27, 1903.
"Did you dictate 10 your stenographer
in her presence?" asked Jerome.
Dd'mas was objectlng when James
lClinch Smith arrived IN the court room.
lHummel was excused from the stand
temporarily and Smith took his place.
Smith Back on Stand
Smith was unable to produce Je-
lromes cablegram calling him home 10
testify. He explained he had left Il
in Europe. although he thought yester-
day he had it. He said there was no
copy ~ cable, and Delmas called
on him al its contents as near as
he coull member.
Jerome objected offering his letter
press copy as the best secondary evil
ldence. Delmas would not admit this,
land Smith repeated the cable as he re-
membered It. "Your evidence most inn
! portant your presence desired"
Delmas. through his questions, indi-
Gated his intention Of fighting 20 bave
all Smiths testimony thrown out. He
made no motion TO this effect at this
81 time. however and the rumor was
started that the defence would wait
{ until Smith could not be put ON the
, stand again and would then fight FOR
the exclusion.
Delmas made Smith admit he had
made a written statement 10 his law
yer. Frank +. Blackwell, before he went
abroad last December, covering an the
facts to which he testified.
Smith testified further that he ar
rived In New York on February II and
visited the district attorneys office on
February 10. Delmas excused the Wit
mess. Hummel clambered into the
witness chair and Jerome renewed his
fight to get in Evelyn's affidavit. The
district attorney repeated the question:;
"While Evelyn Nesbit was in your Office
Ibid you dictate something to your stem
ographer.
Delmas objected. but was overruled
land Hummel replied:
Eyes. sir"
After careful consideration Jerome
then asked
AT that conversation YOU had with
Evdyn Nesbit I'm your Office on october
27. 1903, did she tell you in substance
that Thaw wanted 10 injure Stanford
White and get him in the penstentiary
land that Thaw had been to her many
times TO get her to swear TO written
documents involving white and charg-
ling White with having drugged and be-
trayed her when she was IS years old,
and that she told Thaw that the things
were not true, and that Thaw beat her
because she would not sign the paper"
Delmas Immediately interposed with
an objection.
Delmas. lin order to shut out this evil
dence. tried to show that the relations
lof counsel and client existed between
lHummel and Evelyn. but failed, as
lHummel denied this. Delmas pressed
hard on the point being allowed TO
lcross-examine Hummel on the point.
He tried to make Hummel confirm the
declaration mado by Evelyn that White
had told her that "Hummel squeezed
$1,000 out OF him" in regard TO the afii-
davit
"At the time Miss Nesbit called on
you. were you a practicing attorney
queried Delmas.
Eyes"
was her visit to you made to enlist
your services as a cawyer?"
"Yes."
Were you then acting inNhe capacity
OF legal adviser to her?"
"Hummel lodged tho pitfall which
would have barred him from telling a
lprivaleged communication, by saying:
It was acting for White only"
The trial was adjourned at 1898 until
Tomorrow at the request Of Mr.. Je-
p rome. who wished more time to frame
lanother hypothetical question. Hum
incl was on the stand when court ad-
journed.