The Washington times., 1907-02-26
Tells of Visits to
His Office in
1903.
Evelyn Again Called,
Completes Cross
Examination.
Jerome Produces HeI
Diary Kept While
at School.

NEW YORK. Feb 26--At the
opening of today's session of the
Thaw trial, Jerome read TO the
court a letter from J. DennistCn
Lyon, vice president Of the Lincoln
National Bank of Pittsburg, who
promised when he was-on the stand
to send Clerk Penny all papers in
the vaul in the bank which held
the Thaw will and letters. jerome
said that Mr.. Lyon, on the advice of
Lawyer Hartridge, refused TO send
] letters written subsequent to the
day of the shooting. Hartridge said
he had instructed Lyon TO take this
action on the strength of a talk he
had with jerome. The district at
: torney denied he had so informed
Hartridge, and asked that an order
be made to produce the letters and
papers.
1T is a matter entirely '5ut of the
| Jurisdiction of the court, said JUS
, tice Fitzgerald. ''The papers are in
Pittsburg, and cannot see my way
clear to order their production"
Defense Valves a Point.
! Jerome then said:
This witness, Mr.. Lyon, Is out of
the jurisdiction of this court. and It
may be that he viii not return for
cross-eXamination. In that event I
viii move 10 strike out not only
the testimony of Mr.. Lyon, but the
VIII and cOdicil which were allowed
because of his Identification"
The matter was finally adjusted
| by Mr.. Hartridge giving his consent
TO the district attorney to call upon
Mr.. Lyon for the papers.
Before II was settled, Hartridge
challenged Jerome. saying he was
ready TO state under oath the de-
tails of the conversation which
caused the trouble.
Jerome theE went TO the minutes
Of Lyons testimony to determine
Just what letters and papers were
asked for. Delmas said he had no
objection TO asking for the letters.
and that he would join in sending a
certified copy Of the records of the
trial to Lyon, and the incident was
closed
Abe Hummel on the Stand.
Abraham H Hummel was called to
, the stand as the first witness in the
= trial today The jurors looked curiouslv
at the little lawyer with the big. bald
head.
Questioned by Jerome:
Q.-DO you know Evelyn Nesbit Thaw ?
A.-Yes. sir
Q--When did you first see her?
Ain 1901 or 1902
] Q.-Where2
Al forget I saw her before she
: came TO my office
Q.-Did she come TO your Office Oe-
tober q, 1903?
Al don't recall the date. but have
documents with which I might refresh
my memory.
jerome handed the photograph of the
{ last page Of the alleged affidavit 10 the
witness.
Delmas objected 10 allowing Hummel
TO refresh his memory from this eXhibi,
and Justice Fitzgerald sustained the ob
lection
The question was afterward allowed
in another form
Q.-I show you now peoples exhibit
No. IS for identificS uon-dOes that re-
: fresh Your memory?
3 A.-Yes. sir
CrosS-Examination Is Declined.
: Justice Fitzgerald said that Delmas
could cross-examine Hummel as 10 how
: the memory Of the witness was refresh
: ened by the photograph. but Thaw's
: senior counsel declined to go into it at
= this time.
! Delmas read exhibit 76
h 1T appears he then said. that this
is but Photographic copy of an alleged
q original"
Can YOU now state when you saw
Evelyn Nesbit in your Officer
''In the latter part of October. 1903. -
Odd you nave ( conversation viii
\ her at that timer
, Ayes.
DID you in her presence dictate q
Y q steuographer2
Dpluaas objected again.
Jerome argued that the question was
$ entirely relevant. as u was necessary e
e establish the fact of existence OF thi
mul h-talked-of affidavit.
n If could prove" said Jerome, tina
n Stanford White was in Europe the
/. might she says the incident occurred
g that would be a collateral fact Her