Warren sheaf. [volume] (Warren, Marshall County, Minn.) 1880-current, 1907-03-21
.HUN|N|EL' s STORY IS
GIVEN THAW JURY.
LAWYER TELLS OF AFFIDAVIT
MADE BY MISS NEsBlT
AGAINST THAW.
Delmas Objects in Vain-Makes Wit
ness Admit Facts About His Con-
viction for conspiracy-Jerom
Expert Testimony All In.

New York, March 16-With Attor-
ney Delmas fighting him every inch
of the way, District Attorney Jerome
Friday secured from Abraham Hum
mel his complete story as to the affi-
davit which it is alleged Evelyn Mes
bit Thaw made in the lawyers Office
in 1908, charging Harry K. Thaw with
beating her when she had told him
that the statement that Stanford
White had drugged and ruined her
was not true.
The Hummel testimony came dur
ing the afternoon session of the trial
and Mr.. Delmas, first objecting broad
ly ito all of HummePs testimony, Of
fered a specific objection to each ques-
tion put by the prosecutor. Justice
Fitzgerald overruled every objection
and Mr.. Delmas had exceptions to the
rulings noted on the records.
Evelyn Nesbit Thaw was called to
the stand in the effort of the defense
to keep Hummel silent. She declared
she had called upon Hummel in his
professional capacity and to seek his
advice as a lawyer. Stanford White
had taken her to the lawyers office
with that end in view.
Justice Fitzgerald declared that, ad-
hitting the proposition of counsel and
client, Mrs. Thaw had herself waived
the professional privilege by taking
the stand early in the case and CIV
ing her version of what transpired at
Hummeps Office. The bond of secrecy,
once removed, could not be reestab-
lished.
HummeI Admits Conviction.
Unsuccessful in blocking Hummers
testimony, Attorney Delmas in cross
examining the witness brought from
his own lips the fact that he had been
convicted in December, 1905, on a
charge OF conspiracy in the same
courtroom in which Thaw is being
tried. Hu1nme further admitted that
two indictments of perjury are pend
Ing against him and that one of these
indictments charges him with having
caused false affidavit to be made.
MIR. Jerome protested against the
humiliatiQg details of his trial, but
Justice Fitzgerald declined to inter
fefe.
Then Mr.. Demas asked Hummel if
he had not heard the speech made by
District Attorney Jerome when SEN
tence was about to be imposed, when
Mr.. Jerome urged the court to pass
the longest and heaviest sentence
within its power upon Hummel as re
had been q menace to the communi-
ty for 20 years" Justice Fitzgerald
finally sustained an objection to this
and Hummel was not compelled to
answer. ..
Mr.. Delmas wanted to know if Hum
mel had any more recent business
transactions with the district attor-
ney, and asked if Mr.. Jerome was
pressing the charges against him.
"He certainly is,'' said the witness
with spirit.
Hummei Tells Of Affidavit.
Hummel's testimony in brief was to
the effect that Evelyn Nesbit told
him, among other things, that Thaw
had beaten her when she refused to
sign papers he had prepared charg-
ing Stanford White with her betray-
al; that he had dictated statement
to stenographer in the presence of
Miss Nesbit and Stanford White; that
he gave the affidavit to two of his
clerks to take to Miss Nesbit in the
Madison Square Garden tower, and
that the next day the paper was re-
turned to him with Evelyn Nesbit's
signature attached. He kept the aft
;davit until Miss Nesbit called one day
and demanded it. He refused to give
it to her and turned it over to STAN
ford White, advising him to have a