Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1907-03-13
Jerome and DeImas Argu'
on Admission of
Testimony
VITAL IN THAW TRIAL
Court Adjourns for the Day
Without The Issue Being
Settled.

New York, March 13.-Iames Clinch
Smith. Stanford Whites brotner-in
law, was called again as a witness in
the Thaw trial this morning. Smith
was questioned by Delmas as to a ca
blegram from jerome summOning him
to appear as witness. Smith said ilu
did not have a copy of the cablegram.
If | remember the message" said
Smith. lit read Your evidence is I'M
portant Your attendance is desired ."
Came Back Feb. ~.
Smith said he returned To- this con-
try Feb. II last, and communicated
with the district attorneys office on
the 18th. He had reduced TO writing
his conversation with Thaw on the
Madison square roof garden and had
showed memoranda to his counsel and
Assistant Attorney Garvin. Delmas
had no further questions and Smith
was excused.
HummeI Recalled.
Abraham Hummel once more tool;
the stand. He had testified before the
arrival of Smith he saw Evelyn Neshit
at his office Oct p, 1903, after her re
turn from Europe.
Did you, after conversation with
Evelyn Oct. u, dictate something to q
stenographer?' asked Jerome
Delmas promptly objected on the
ground that this was not in rebuilt ii
of any testimony offered by the de-
fense.
Defense Loses Point.
Justice Fitzgerald overruIed the Oh,
lection.
Yes sir" answered the witness.
did Mrs. Thaw tell you that Thaw
had begged her time and time again
to swear to documents he had pre-
pared involving Stanford White
charging he had drugged and ruined
her; and that Thaw had beaten he
because she would not sign the pa
per" asked Jerome.
Delmas arose again for an objection
He asked Hummel if at the time OF tit
conversation with Miss Nesbit. he wa:
acting as her legal adviser and attor
ney.
Acting for White.
81 was acting only for stanford
White" replied the witness.
"And did you not contemplate some
action in Miss Nesbits behalf?" aske,
Delmas
mo. there was no legal action con
templated as far as she was concerned
There was no communication betweel
the witness and Miss Nesbit as coun
sci and client"
IL must object" said Delmas. ST
the question, on the ground it is no
proper rebuttal"
HummeI Received 800.
Before the court could rule, hos
ever. Delmas put further questions f.
the witness which had reference {:
payments he received from White fo
legal services. The amount paid 70
this particular item of service. witnes
said, was about 500.
Delmas renewed his general obje;
ton. "It is not rebuttal" said Delma!
''lt is also immaterial. irrelevant, an
not proper testimony" Jerome prr
ceeded to argue the points of law il
volved.
II neT SlOTN is true, Sdlu jerome
81 know of nothing in history or lite
ature more sublime than Evelyn Ne
bits selfsacrifice in her renunciatiO
of the love of the man who we al
told was paying honorable court to he
Refers to Affidavit.
But she returned TO America DC
"a. and on Oct. 81 she was in HuT
mels office with the man whom ST
now says ruined her there She sa
in Europe Thaw had stripped her al
beat her with whip because she I
fused to sign papers accusing Viii
of drugging and ravishing her. Whit
she said, never harmed her.
showed Decisions.
Jerome then read a large numb
of decisions bearing on the subject
INTRODUCTION of evidence to show tn
witness has made statements out
court which did not agree with sta
ments made on the stand. In all cast
he declared, the courts have held VIII
the attention of the witness is proper
called TO a contradictory stateme
made out of court, it is competent
bring in rebuttal to prove the sta
ments.
sAI Hinges on This Feature.
THE proposition | make to the COZ