The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-03-19
WILL GO TO THE
JURY THIS WEEK
State Rests in the ThaW Case
and DeImaS Will End With
Witnesses Today.
HUMMEL AFFIDAVIT GOES IN
CoNTRADICTs EVIDENCE OF THE
SINISTER.

New York, March 1S.-When the
Thaw trial was adjourned today there
remained but four expert witnesses t.
be examined before the taking of evil
dence closes. Three experts were dis
posed of today in a little more than ar
hour. so it is generally believed thc
last word Of evidence may be uttered
in the famous case tomorrow. In thai
event the summing up by Mr.. Delmas
for the defense will begin Wednesday,
morning District Attorney Jerome vii
reply on Thursday Justice Fitzgerald
may proceed Immediately with his
charge to the jury. or he may defer il
until Friday. Unless the unexpected
happens. there should be verdict by
Friday night.
HummeI Affidavit Read.
The case for the people was finally
closed today by the introduction of the
muCh-discussed Hummel affidavit
which, with the consent of the defense
was read i'm full to the jury. The aft
daVtt proved a surprise only in the al
legged severity of the assaults Harry X
Thaw is said TO have made upon Eve
lyn Nesbit during their trip through
Europe in 1903, when. according to the
testimony of Abraham Hummel, Miss
Nesbit would not sign statements
which Thaw had prepared accusing
Stanford White of having durgged and
ruined her
Alleged 5eatings.
In this affidavit Miss Nesbit charges
Thaw with having attacked her with a
cOWhide whip while they were stopping
at an old castle in the Austrian Tyrol.
and lashing her bare skin until she be
came faint from the pain and swoCned.
He repeated the attack the next cay,
according to the affidavit, and after
ward in Paris he beat her at hsIf-hour
intervals throughout one entire day.
leaving off only when she would faint
away and could no longer understand
what was happening Miss Nesbit is
alleged to have sworn in the affidavit
that she was i'm daily fear for ner life.
and that Thaw acted as demented
person during some of the assaults.
Contradicts HummeI's Evidence.
The affidavit was in some ways a di-
rect contradiction to Hummers recent
testimony upon the stand In ord er
that 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 Nesbits at
torney when he drew up the document,
that he was acting solely in the inter
est of Stanford White. and that no le-
gal action was contemplated in behalf
of the young woman who is now Harry
Thaw's wife. There was considerable
surprise consequently when Mr.. Jerome
q - Z -
affidavit, which were:
supreme court, county of New York:
Evelyn Nesbit, plaintiff, against Harry
Kendall ThaW, defendant"
Was EVeIyn's Attorney.
1t is said the action contemplated
when the affidavit was made was the
recovery of certain property which. il
was alleged. ThaW had wrOngfuIly
taken from the girl. In debating the.
affidavit, HUmmel referred TO himself
as Miss Nesbit's attorney, she being
TO have said:
Il have received certain letters and
from Thaw which / have
turned over TO my attorney, Abraham
Hummel."
The affidavit is also Endorsed Howe
& Hummel. attorneys for plaintiff"
When Mr.. Delmas began introducing
testimony i'm sur-rebuttal he introduced
first of all the record in the trial and
of HummeI on the charge
of conspiracy. He started to read the
entire record, but had not reached the
Mr.. Jerome made at the SEN
fencing of Hummel, and which Mr..
Delmas wanted to present to the jury,
when Mr.. jerome Said he would admit
the entire record without objection.
Mr.. Delmas then said he would save
the district attorneys references to
for the defense's summing up.
Policemen on Stand
Next Mr.. Delmas put upon the stand
three policemen who saw Thaw the
night of the tragedy or early in the
mcrning after, and they all declared
that he either looked or acted irration-
ally. To two of them he complained
Of hearing young girls voices. The wit
Hesses admitted on cross-examination
that there were seven women in the
station house the night Thaw was there
and they were making considerable
noise, but could not be heard from
Thaw's cell
After this testimony had been pre-
sented, Mr.. Delmas passed to the final
stages of the trial by introducing the
drst of seven alienists employed by the
defense, three of the experts being new
TO the case.
Experts for Defense.
DIR. Graeme NJ Hammond and DR..
Smith Ely Jelliffe. who have been in
the case from the first. and DR.. w. A
White, superintendent of the govern
ment hospital for the insane at Wash
ngton. we're today's witnesses. and all
we're Intercepted on the hypothetical
1uestiou framed by the district attor-
1ey. All three of the experts declared
Thaw was so mentally unbalanced at