Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-13
THAW FACES BOTH
SMITH AND HUMMEL
Whites Brother-in-LaW Re-
sumes His Testimony.
RECALLED FROM EUROPE
Jerome Tries to Introduce Hummel's
Story.
DAYS SESSION WAS CUT SHORT
District Attorney Promises to Finish
His Evidence in Rebuttal Before
Friday Night.
DAYS SESSION WAS CUT SHORT

NEW YORK, March 13.-There was but
a short session today of the court trying
Harry X. Thaw for the murder of STAN
ford White, adjournment being taken
shortly after noon until 1890 o'clock to-
morrow morning. This action was taken
partly to give Mr.. Delmas an opportunity
to consult authorities and prepare an ar
gument In reply to impassioned appeal
by District Attorney Jerome for the admis-
sion Of testimony by Abraham Hummel in
contradiction of Evelyn Nesbit Thaw's evil
dence. characterized by Mr.. Jerome the
central support of the defense, and partly
on the statement of Mr.. Jerome that il he
were allowed the afternoon in which to
complete the hypothetical question to be
put to his experts he thought the state
could close its case in rebuttal tomorrow
night. He said he had been assured by Mr.
Delmas that his cross-examination of the
alienists would not be long.
The matter of HummeIs testifying was
left undecided
Mr.. Jerome spoke for more than an hour
today In contending that Hummels testi-
mony Is the most vital in the case
1T will show" declared the district at
torney, that this woman who was Evelyn
Nesbit swore under the solemnity of an
oath that she had been beaten by Thaw
in Paris because she would not sign pa
pers he had prepared and which falsely ac-
cused Stanford White of drugging and be-
traying her.
Mr.. Jerome declared that the material
issue of the case was to whether or not
Evelyn Nesbit told her story to Thaw in
Paris. The testimony of Hummel and his
stenographer, Abraham Snydecker who
also will be called as a witness, would go
far in proving to the jury she did not tell
such story to the defendant
IF she did not tell that story" concluded
Mr. Jerome. then the cause of this mans
insanity disappears, and the hypothetical
questions on which the learned experts for
insanity disappears. l claim the right TO
show that Evelyn Nesbit herself has denied
the story she told this jury
Clinch Smith Resumes
James Clinch Smith. Stanford White
brother-in-law. was called again a wit
ness in the Thaw trial this morning. Mr.
Smith was tardy in arriving, and Mr.. Je-
rome summoned Abraham Hummel. Hum
mel had scarcely taken his seat when
Smith put in his appearance. Thereupon
Hummel was temporarily excused.
Mr.. Smith was questioned by Delmas for
the defense. having been recalled to testify
as to the cablesram he received from Dis
trict Attorney Jerome in February sum-
moning him to this country.
Mr.. Smith said he did not have either the
original of the cablegram or a copy
AS | remember the message" said Mr.
Smith, lit read your evidence most i'm
portant. Your attendance desired" He
had first communicated this evidence to his
lawyers.
Mr. Smith said he returned to this coun-
try on February IL last, and communicated
with the district attorneys office on the
10Th. He had reduced to writing his con-
versation with Thaw on the Madison
Square roof garden and had showed the
memoranda to his counsel and to Assistant
District Attorney Garvans
Mr.. Delmas had no further questions, and
Smith was excused.
Abraham Hummel once more took the
stand. He had testified before the arrival
of Mr.. Smith that he saw Evelyn Nesbit
at his office October 81 1903. after her re-
turn from Europe.
Did you. after conversation with Eve
Ign Nesbt on October %, dictate some
thing to stenographer?' asked Mr.. Je-
rome.
Mr.. Delmas promptly objected on the
ground that this was not in rebuttal OF
testimony offered by the defense.
Justice Fitzgerald overruled the objection
Yes, sir answered the witness.
Hummell Whites Counsel.
Did Mrs. Thaw tell you that Thaw want
ed to injure White and put him in the
penitentiary. and that Thaw had begged her
time and time again to swear to documents
he had prepared involving Stanford White
and charging that he had drugged and
ruined her, and Thaw had beaten her be-
cause she would not sign the papers?'
asked Mr.. Jerome
Mr. Delmas arose to lay the ground fol
an objection. He asked Hummel IL at tn,
time of the conversation with Miss Nesbi
he was acting as her legal adviser ani
attorney.
Il was acting only for Mr. Stanford
White. replied the witness.
Did you not contemplate some action II
Miss Nesbit's behalf?" asked Mr.. Delmas.
No. there was no legal action contem
plated so far she concerned"
There was no communication between
the witness and Miss Nesbit counse
and client
II must object said Mr.. Delmas, IT
the question. on the ground that it is no
proper rebuttal.
Before the court could rule, however, MI
Delmas put further questions to the witnes
which had reference to the payments h
received from Stanford White for lega
services. The amount paid for this par
ticular item of service, witness said, wa
about 800.
Mr. Deimas renewed his general objection
ut is not rebuttal," said Mr.. Delmas
eft is also immaterial and irrelevant an
not proper testimony.
District Attorney Jerome proceeded to az
que the points of law involved.
Mrs. Thaw's Story.
Mr. Jerohe's contention was that If
could be shown that under oath Mis- Nesbi
denied that she told Thaw the stories abou
Stanford White which in this trial she testi
fed to having narrated to Thaw in Paris
that fact must have weight with the jur.
in deciding whether she had in truth mad
the statement as related in her testimon.
and which has been the basis of the theor,
that the defendant is insane.
IF her story is true" continued Mr.. Je
rome. II know of nothing in history or lit
erature more sublime than Evelyn Nesbit'
eelf-sacrifice in her remuneration of the low
of the man who we are told was payinl
honorable court to her.
But she returned to America on Octobe
a and on October "a she was in Hummer
Office with the man who she now say
ruined her, and there she said that in Eu
rope Thaw had stripped her and beat he