The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-18


| be read to the jury.
| For the purposes of the argument
| Mr.. Jerome Joined the offer of the
carbon copy of the affidavit in evil
| dence with the Photographic copy and
| Mr.. Delmas said his offer to withdraw
| objection to the affidavit after it had
been shown to Mrs. Thaw on the stand
referred to the carbon copy as we'll as
| the Photographic copy.
Mr.. Jerome had started to reply to
| Mr.. Delmas when the latter jumped to
| his feet and said:
| "Oh, well, let the whole thing go in.
1 withdraw all objection.
The HummeI Affidavit
| Mr.. Jerome then proceeded to read
to the jury the carbon copy of the af-
! idavit. 1t was headed;
| Supreme Court, County of New
| York: EVELYN Nesbit, plaintiff versus
Harry Kendall Thaw. defendant
In the affidavit Miss Nesbit says that
she was 1 s years of age. having been
born On Christmas day, 1884. During
| June 1903, she said she went to
| Europe with her mother at the re-
quest of Thaw. They remained in
Paris for a time and then went te
Roulogne. Miss Nesbit and her moth
er remained there while Thaw went to
London. He returned for them anc
they went to London. Then Thaw and
i Miss Nesbit made a trip to Holland,
Germany and the Austrian Tyrol. They
travelled as man and wife under the
The affidavit tells of Thaw having
leased a castle in the Austrian noun
tains where Miss Nesbit and Thaw
continued to live together as man and
wife. While a t the castle it is alleged
that Thaw tore q bath robe from the
girl and. leaving her absolutely naked,
attacked her with a cowhide whip.
"I saw he was terrorized." p" said Miss
Nesbit in the affidavit, "and his eyes
were glaring.
He threw me on bed and when I
started to scream he put his fingers
down my throat and tried to choke me.
Then upon my bare skin he struck me
several severe and violent blows with
the cowhide whip. So brutally was 1
beaten that my skin was left bruised
and cut.
after the first beating he attacked
me again and for a period Of several
minutes beat me. He acted like a
demon. 1 screamed but we were far
al one end of the castle and my cries
could not be heard by the servants.
When Thaw finally left me, 1 was un-
able to move.
tack upon me and numerically beat
me. For three months 1 was nervous.
During this time L was in fear he
would take my life.
From Austria we went to SwitZer-
land, where one day when 1 was in my
nigh tgown Thaw attacked me and beat
me on my bare legs below the knee
He continued on the slightest pretext
TO beat me. Afterward We went to
Paris, where Thaw for an entire day,
at intervals of half an hour, beat me
brutally with rattan whip.
He beat me each time and l was
left swooning or fainting. could not
realize all that had happened
Saw Him Take Cocaine.
while we were in Paris, one day 1
found a small solder box containing
he said he had been i'll and COM
PEELED to use cocaine. It was then for
the first time that 1 knew he was ad-
dicted to the use of cocaine. l after
ward saw him take the drug internally
by small pills. He attempted to make
me take one of the pills.
While in Paris the affidavit goes
on Miss Nesbit was extremely ner-
vous and was confined to her bed for
two weeks. Thaw made her write a
letter to Miss Simonton asking her to
go to London.
when she arrived Thaw told her
lies about me-" continues the affidavit, |
land threatened to kill me if l did not
to them"
In the affidavit Miss Nesbit also ac-
cused Thaw of taking from her several
rings and other property worth $40O |
in money in the shape of Cooks agency |
checks, and a trunk full of clothes and |
hats.
when I came to America the af-
fdavtt continues, 81 had a letter to Mr.. |
from Mr.. Thaw in which |
by detectives. but to see that |
l had everything l wanted"
The concluding paragraph of the af-
hdavit reads:
Il have often been told by Mr.. Thaw
that he is inimical to a certain mar |
ried man who. he has often said, he |
would make trouble for and put into |
the penitentiary. He several times
tried to get me to sign papers accus- |
ing this married man of running me |
h I oil hIIf T
to do so because it was not true and |
for the reason he inflicted on me the |
herein described"
AS Mr.. Jerome was reading the afff-
Wit. he turned to the court and said:
1.-The people rest"
Mr.. Delmas at once produced a
large book and a score or more of doc
uments.
81 offer in evidence the record of
the conviction of Abraham Hummel."
he said.
mo objection" said Mr.. Jerome.
Mr.. Delmas first read the indict-
ment against Hummel charging him
with the Dodge-Morse divorce tangle.
mas began reading the record of that
trial in full.
The luncheon recess was ordered
while Mr.. Delmas was still reading the
record of the Hummel trial.
Reading Is stopped.
After the luncheon recess Mr.. ~Je-
rome having agreed to allow the Hum
mel trial record to 20 into evidence,
without the necessity of reading 1T. Mr..
Delmas had the printed record mark
ed in evidence. saying he would refer
to the district attorneys remarks re-
yarding Hummel in making his sum-
ming up speech.
Mr.. Delmas then called Policeman
] John P. Anthony. who was doorman
At the Tenderloin station the night of
the ira gedy.
Did you see the defendant in his
cell that night?" asked Mr.. Delmas.
Yes. sir replied the officer.
Did you hear him say anything
about hearing voices?"
Mr.. Jerome objected. Justice Fitz-