The Montgomery advertiser., 1907-03-19
AFFIDAVIT
 IN EVIDENCE Thaw Case Is Practically Concluded.
 .--e----- VERDICT EXPECTED FRIDAY Attorney Delmas Will Probably Rest His Side Today. Surprise of Day We. Caused ny the story of Cruelty In Paper signed By Evelyn
 Nesbit.

K. ThHw trial was adjourned this . sIle.. noon there remained but four expere witnesses to be examined beIofe t~no ~ faking of Evidence closes. Three ex- parta were disposed of today in Q little more than an hour. so 1t is believed tna' the last word of evidence may pc Ut tered in the famous case tomorrow. '" that event the summing up py sar x.sna gss mas for the defense will begin Wea- nesday morning. District Attorney Je- rorne will reply on Thursday Justtce FftxeeraId may proceed immediately with his charge to the jury or ne may dafer it until Friday.
 Unless the unexpected happens there should be verdict by Friday night.
 The case for the people was finally closed today by the introduction of tne much discussed Hummel afiidavit with the concent of the defense and 1t was read in full to the jury. The affidavit proved a surprise only in the alleged severity of the assaults Harry K Thaw ts said to have made upon Evelyn Noa- bit during their trips through Europe in 1908. when according 70 sne tes. M nony of Abraham Hummel, Miss Nes- bit would not sign statements which Thaw had prepared accusing Etanford white of having drugged and ruined her.
 In this afiidayit Miss Nesbit charges Thaw with having attacked her with a cowhide whip, while they were stop ping at an old castle in Che Austrian . Tvrol and the thrashing of her bare skin until she became faint from the pain and swooned. He repeated the ate tack the next day, according to the ahidawit and afterwards in Paris, he beat her at half hour intervals through out one entire day leaving of only when she would faint away and could rlan& k ing.
 Miss Nesbit Is alleged to have sworn in the afidavit that she was in daily fear for her life and that Thaw acted as q demented person during some of tho assaults. < .is { sfsg <
 contradiction To HunsheI.
 The afHdavlt was in some ways di- rect contradfction of HummeTs recent testimony upon the stand In order that the defense might not prevent him from telling the stnry@of the n1ak ing of the affidavit. he stated positively that he was not acting as Miss Nesbits attorney when he drew up the docu- 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.
 There was considerable surprise con eequently wlsen MT. Jerome read today the opening words of the affidavit which were:
 supreme Court. County of New York. Evelyn Nesbit, piaintiff, against Harry Kendall Thaw, defendant [" It is said the action contemplated when the sf- fdavit was made was the retrievery of certain property which 1t was alleged Thaw had wrongfully taken from the girl. In dictating the affidavit Hum mel referred to himself as Miss Nee- bits attorney. she being reported to have said: T have. received certain let ters and cablegrams from Thaw which have turned over to my attorney. MT. Abraham H. Humme1"
 The affidavit is also endorsed Howe and Hummel, attorneys for plaintiff" |"
 When Mir. Delmas began the intro ductton' of testimony in sur-rebuttal he introduced first of all the record of the trial and conviction Of Hummel on the charge of conspiracy. He started to read the entire record, but. had not reached the remarks MT. Jerome made at the sentencing of Hummel and which Mir. Delmas wanted to present to the jury when Mir. Jerome said he would admit the entiro record without ob- Jection. Mir. Delmas then said he would save the district attorneys ref erences to Hummel for the defense's summing up.
 Policemen on stand.
 Next MT. Delmas put on the stand three policemen who saw Thaw the night of the tragedy and early in the morning after and they all declared that ho either looked or acted ira tionally. To two of them he com p1ained of hearing young girls voices. The witnesses admitted on cross-ex- animation that there were seven wo- men of the street in the station house the night Thaw was there and they .a-s.. 1. could not be heard from Thaw's cell
 After this testimony had been pre- scented Mfr. Delmas passed to the final stages of the trial by introducing the first of seven alienists employed by the defense. three of the experts being new to the case. pr. Gralme NJ. Ham mond and Dr. Jelliffe, who have been in the case from the first, and Dr. White, superintendent of the govern ment hospital for the insane at Wash ington. were today's witnesses and all were interrogated on the hypothetical question framed by the district attor- ney.
 All three of the experts declared Thaw was so mentally unbalanced at the time he killed Stanford White that he did not know the nature or quality of his act and did not know that the act was wrong. None of the three would classify the form of insanity from which they said the defendant was suffering.
 Tomorrow the experts will be Drs. Evans and Wagner, who have hereto fore testified for the defense, and who will now be asked to give an opinion on Mir. Jerome's long question and Dr. Charles W. Pilgrim of Poughkeepsie, president of the New York State lunacy commission and MT. Minas Gregory, superintendent of the Pschyeophathlc Pavilion at the Bellevue Hospital.