The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1907-03-19

New YORK, Marcn I9.-W men lHe lIldi
OF Harry X Thaw for the shooting of
Stanford White reopened four experts
were present to take the stand for the
defense Their opinions as to the de-
PENDANTS mental condition at the time
of the shooting will conclude the testi-
mony, it is said, and the arguments
should begin tomorrow morning.
Justice Fitzgerald may proceed i'm
mediately with his charge to the jury,
or he may defer it until Friday. I'm
less the unexpected happens there
should be verdict by Friday night.
The case for the people was finally
closed by the introduction of the much
discussed Hummel affidavit which,
with the consent of the defense, was
read in full to the jury. The affidavit
proved a surprise only iii the alleged
severity of the assaults Harry X. Thaw
lis said to have made upon Evelyn Mes
bit during their trip through Europe in
1908 when, according to the testimony
of Abraham Hummel, Miss Nesbit
would not sign statements which Thaw
had prepared accusing Stanford White
of having drugged and ruined her.
Contents of the Affidavit.
In this affidavit Miss Nesbit charges
Thaw with having attacked her with a
cowhide whip while they were stop
ping at an old castle in the Austrian
Tyrol and flashing her bare skin until
she became faint from the pain and
swooned. He repeated the attack the
next day, according to the affidavit,
and afterward in Paris he beat her at
half hour intervals throughout one en-
tire 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 in daily fear for
her life and that Thaw acted as a de-
mented person during some of the as
saults.
The affidavit also declares that Thaw
committed attacks on her, that she
found among Thaw's effects utensils
for administering cocaine and that
Thaw tried to compel her to take the
drug
The affidavit was in some ways a di-
rect contradiction of Hummeps recent
testimony upon the stand. In order
that the defense might not prevent
him from telling the story of the max
ing of the affidavit he stated positively
that he was not acting as Miss Nesbit's
attorney when he drew up the docu-
ment, that he was acting solely in the
interest of Stanford White and that no
legal action was contemplated in be-
half of the young woman who is now
Harry Thaw's wife.
When Mr.. Delmas began the intro
dnction of testimony in surrebuttal he
introduced first of all the record In the
trial and conviction of Hummel on the
charge of conspiracy.
Say Thaw Acted lrrationally.
Next Mr.. pelmas put upon 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 irration-
ally. The witnesses admitted on cross
examination that there were seven wo-
men of the street in the station house
the night Thaw was there and that
they were making considerable noise
but could not be heard from Thaws
CELL
After this testimony had been pre-
scented Mr.. Delmas passed to the final
stages of the trial by introducing three
of seven alienists employed by the de-
Tense. Drs. Graeme NJ. Hammond
Smith Ely Jelliffe and w. A. White,
superintendent of the Government
Hospital For the Insane at Washing
ton, were witnesses, and all were in
terrogated on the $4,000 word hypo-
thetical question framed by District
Attorney Jerome.
Basing their answers on this ques-
ton, all three of the experts declared
Thaw was so mentally unbalanced at
the time he killed Stanford White that
ne did not know the nature or quality
of his act
That Harry X. Thaw realized the full
nature of his act-that it was murder
when he killed Stanford White, was
the opinion of DR. Austin Flint, called
to the witness stand as first of the
states alienists to testify. In reply to
both the hypothetical question of the
defense and that of the prosecution the
celebrated insanity expert expressed
the same opinion.
Long Time to Read Question.
1t took Assistant District Attorney
Francis r. Garvan one hour and four
teen minutes to read the states ques-
ton. DR.. Flint answered it In just
fourteen words. He said:
''He Crhaw) knew the nature and
quality of his act and that it was
wrong"
With Attorney Delmas fighting him
every inch of the way District Attor-
ney jerome secured from Abraham
Hummel his complete story as to the
affidavit.
Evelyn Nesbit Thaw herself was call
ed to the stand in the effort of the de-
Tense to keep Hummel silent She de-
clared that she had called upon Hum
mel in his professional capacity and
to seek his advice as lawyer Stan
ford White had taken her to the law
yer's office with that end in view.
Justice Fitzgerald declared that Mrs.
Thaw had herself waived the profess
ssienal privilege by taking the stand
early in the case and giving her YER
sion OF what transplred at HummeFs
office.
Mf. Jerome had carefully paved the
way to the critical juncture of Eve