Waterbury evening Democrat., 1907-02-26
Tells the Story of the Affidavit Which He Claims Evelyn
 Read and Signed
MANY OBJECTIONS
Defense Gains . Point and the Testi. mony oi Tunnel DOss. Moi Ma terially Affect Inc Case
 Evelyn is Excused.

New York, Feb 26.-.Abraham Hummel will be witness in the Thaw case to-day. He is the man who drew the famous affidavit which Evelyn Nesblt Thaw says she was tricked into signing and which makes various unpleasant charges against Thaw, among others that he choked and whipped Evelyn Nesbit because she refused to sign statement charging Stanford White with her ruin. Mrs Thaw has testified that she told Hummel of her trip through Europe with Thaw and that Hummel then drew the affidavit which she re- fused to sign because 1t was not true. A few days later, she has testified, she signed paper. for Stanford White without knowing what was in 1t. Later she told Thaw about her interview with Hummel and then re- membering that she had signed q pa per for White went to him and de- manded that 1t be returned to her, White took her to Hummel's office and she was shown her signature to paper which was afterwards burn- ed in her presence. She was unable to state positively, however, that 1t was the affidavit making charges against Thaw, but she said she did not remember signing but one paper. District Attorney Jerome has a photographic copy of the paper and will call Hummel to Identify 1t.
 Since this paper was drawn Hum- mel has been disbarred and Is under indictment for incidents connected with a divorce. case in which he was one of the attorneys. In addition to .Hummel. Mir Jerome proposes to place on the stand the stenographer who wrote the afiidayit and the mo- tary before whom 1t is said to have been sworn. to. Ip. this way m effort will be made tp set the photographic copy of the document before the jury.
 MT Jerome has, however, put prac- tlcally its entire contents into the cAse by reading from 1t and. asking Mrs Thaw If she did not make each statement contained In it' to HuInmel.
 After the affidavit Is identified and admitted to evidence, if 1t is. Me Je- rome will ask few more questions of Mrs Thaw. regarding 1t and then he has anN unced, he will be through with his cross examination. But this will not relieve Mrs Thaw from the stand. The defense will probably spend some time In re direct examl- nation, attempting to annul the ef- feet of any admissions she may have made on her. cross examination. Af- ter that Mir Jerome will have another opportunity to cross question her on new matters which may be brought out on the redirect examination. There is little likelihood that Evelyn Nesblt Thaw's ordeal will be over be- fore night
 Mrs William Thaw, Harry Thaw's mother will be another witness for the defence and 1t Is believed that May Mackenzie, the chorus girl who has been Evelyn Nesbit Thaw's constant companion since the night Stanford White was killed, will also take the witness stand.
 To the observer who does not anow what the future moves of the district attorney are to be 1t is not evident that Evelyn NesbIt Thaw's story has been broken to any great extent. The cross examination brought out the facts rhat Evelyn Nesbit lived with Thaw as his wife for year and a half before they were. married. but there was no attempt made to con- ceal this fact. Mrs Thaw admitted it without quibble. She also admitted her relations with White continued for several months after her alleged ravishment. The story that she was drugged. which was brought out by suggestion. she having testified that the wine she drank just before she became unconscious was bitter. was made of little effect by her admission that all champagne tasted bitter to her at that time and that this particu- lar glass was no more bitter than any other. She also admitted that Thaw sent cable messages to White in her name asking him to interfere to pre- vent her mother from making trouble while she and Thaw were trAveIing together in Europe.
 Aside from these admissions. how ever. her story stands practically as she told 1t on her direct examination. Occasionally Mir Jerome succeeded in inducing her to make her Statements more positive. but he WAS unable to indure her to nx dates with any cer- tainty. On tbeSe matters her mem- ory proved to be very bad
 New York. Feb a6.-when the trial of Harry K- Thaw was resumed to-day District Attorney Jerome called the atteption of Justice Fitz- gerald to a letter he had received from ]. D. Lyon. vice president of the Union National bank of Pitts burg. who vas . witness two veeks sgo-
 Mr Lyon had custody of Thav-s will He vas requested by Mir Jerome to send all of Thav-s letters and papers he had in his pouDeoion. To-day the district attorney saId he had received . letter from Nr Lyon stating that Mr Partridge of the eefense had written hin sayfng 10 lrtters or paDers q date suhoequent to yuse 3s. 1ee1. vers dsslrsl- Mr Lyun olkG1 t111 tns uurt 1n1ffucf
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