New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-14
FIGHT OVER HUMMEL.
JEROME'S STRONG PLEA.
Experts to Ansscer Hypothetical
Qucstion-CGse Near End.

81. ThaV is said TO have signed IN the ONCE OF
Abraham Hummel. and in which she is said to
have brought serious charges against her hus-
hand and exonerated Stanford White.
The effect on judge. jury and spectators was
marked All sat intently listening TO the elo-
ouence OF Mr.. Jerome. whose oratory seemed to
ba fired by the thoughts of just cause Justice
FgtzGerald usually NEST restless. listened to the
address almost without moving for half hour
The prisoner was very nervous and fidgeted
about in his seat as if wondering why one OF
his counsel did not stop the lashng he was re-
ceiving.
The address came after an hour of tedious
work on the part of the District Attorney to get
evidence from Hummel about the affidavit. to all
of which Mr.. Delmas. counsel for the defence.
took exception. Mr. Jerome then began his ar
cument in support of the reasons why the am
davit should be introduced in evidence. Speak
ing at first quietly, he warmed into passionate
earnestness. Mr.. Delmas apparently found HIM
self al a loss 10 answer. for he requested an ad-
Journment for short time until he could study
the authorities quoted by the prosecutor But
Mr. Jerome went him one better. and asked for
an adjournment until this morning. so that he
might get his hypothetical question fully pre-
pared. ready for his alienists and the defence
this morning. Justice FitzGerald complied with
the latter request, and adjournment was taken
al the noon hour until this morning.
EARLY END TO TRIAL.
From statements made by the District Attor-
nev. unless the defence springs some surprise,
the trial viii be finished by the end of next
week Mr. Jerome said he would have no other
Law witnesses TO examine and would put the
hypothetical question TO his eight alienists one
after the other. thus saving considerable time.
Providing the defence does not spend days in
cross-examination Of the alienists. which is con-
sidered unlikely. the summing up should be
reached by next Monday OF Tuesday at the lat
est Giving day For each side. with the charge
10 the jury. and incidental delays. next Thurs
DAY should see the end OF the trial
Mr. Jerome in an exceedingly adroit manner,
while arguing for the admission Of the affidavit.
whether II IS ever admitted in evidence or not
got practically all Of IL before the jury. He
began by saving that after Evelyn Nesbit had
refused 20 marry Thaw on night in June
1909 in Paris showing what he called sublime
remuneration" she returned to America on
SATURDAY.. November "a, 1903. Only three days
afterward. ne argued or on Tuesday. she went
with Stanford White, the who she had
told Ihaw had ruined her and frequently mall
treated her afterward, TO the Office Of Hurnmel,
end there made an affidavit bringing charges
against Thaw. the man. she said. who had Of
fered her honorable marriage. The very story.
he contended. about Stanford White that the
young woman told on the stand was a story
that Thaw had prepared in writing in Paris and
wanted her 10 sign. The young woman. how
ever, refused 20 sign. declaring it was untrue
JERoMEs STRONG PLEA.
Refusing TO sign it." said the District At
torney in his most solemn manner. this man
who is now the defendant, disrobed this young
woman and brutally lashed her with a whip.
But even then she would not sign the afidavit
he demanded she sign.
Yves it not strange" continued the prosecu-
tor. that so soon after her arrival from Europe
she should be found in the company Of the man
who had treated her in most outrageous man
ner7'
Those in the courtroom breathed more freely
after Mr. Jerome's appeal. he went into the
Law on the case, quoting citation after citation
showing the admissbility Of the AFFIDAVIT. But
as an outburst Of forensic oratory the first por-
tion Of the District Attorneys address was said
70 have been one Of the most unusual in a court
room IN this country.
Although the District Attorney announced he
would call no other lay witnesses, Mrs. Evelyn
Thaw and Miss May Mackenzie were re-sub-
panaed 10 appear to-day. 1t is presumed that
Miss Mackenzie is merely kept under subpoena
so that the defence may not call her.
Hummel was called TO the stand at the open
ing Of court yesterday, but gave way before ne
Clinch Smith 70 tell about the cablegram sum-
moning him from Europe. 1t plainly the
point Of Mr. Delnlas TO catch Mr.. Jerome on
some slip about Mr.. Smiths testimony. but he
failed do Mr.. Jerome offered TO produce
the letterpress copy Of the cablegram but Mr.
Delmas refused IT, Finally the court allowed
Mr. Smith 10 tell what he remembered of the
oableeram. but not show it. Mr.. Smith said It
read.
Your evidence most important Your attend
ance is desired"
HUMMEL ON STAND.
Mr. Smith was asked whom he talked TO- but
the questions were Of no great importance. Hum
mel was then recalled. and the paving of the
way for the fight which took place later in the
morning was begun. Mr.. Jerome opened at
once concerning the AFFIDAVIT. and said:
Did you have a conversation with Evelyn
Nesbit?"
Mr. Delmas offered objection to the question
bat was overruled. and Mr.. Hummel answered
tina; there had been a conversation.
Vow" continued Mr. Jerome, did you after
the conversation. dictate something TO a stenog-
rapher?"
Yes"
At that conversation did Mrs. Thaw, in SUBJ
stance tell you that Thaw wanted injure
White and put him in the penitentary?'
Mr. Delmas again objected. and was allowed
10 examine Hummel as 10 his legal position in
the matter. Rummel said he acted at that time
a. counsel for White but not for Evelyn Nesbit
Mr Delmas tried to make Hummel say how
tauch White paid him for his services that day.
hummei said he was retained by White by the
year. and could not Say positively how much the
days work cost his client. A suggestion by Mr.
Delmas that a cost 81 600 caused the witness to
deny IL laughnRly. and say il was nearer 500.
Ar. Jerome then began his argument, first,
whether the AFFIDAVIT; could be received on a
direct case and second, whether 1t was ad-
Missile on rebuttal He spoke only briefly on
the legal points al first but launched out into