The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1907-03-18
Court Withdraws Ruling.


later
Court Withdraws Ruling.
The district attorney then offered OK
hibit Is. which is the photograph made
from the negative jerome then said
he would offer seriatim the other
documents in evidence. the first being
the Photographic copy.
The court thereupon said: Il will
withdraw my ruling to enable Mr.. Del
mas to present further argument"
AIR Delmas said: Il announced to
the court on. Friday my views Of what
] thought of the so-callcd carbon copies
OF this alleged affidavit"
He then offered authorities to show
That the court could not admit the car
bon copies nor the negative: that only ]
the originals were available as evidence
In this case the original itself is
neither produced nor is its uhsence acNl
counted for" said Mr. Dclmas, ITO
whom Is the original last traced2 Ac-
cording 10 HummeTs testimony 81 is
last traced into the hands OF Evelyn
Ncsbit and there. so far as any tcsti-
mon ythat has been offered shows. Il re-
mains this day"
Rules Only on Negative.
Mr.. Delmas continued: Therefore, on
the ground that you cannot offer i'm
pedching testimony because the original
from which the Photographic negative
is claimed TO have been made IS still
in existence. and its absence has not
been accounted for-this Photographic +
plate cannot be used for impcaching !
Mrs Thaws testimony. for there is no
Testimony of hers on the subject and
YOU cannot use IL at all. because it is
not the original and for auEht that has
been said the original may stu be In eN- /
istence."
The court said. II am ruling at this I
time on nothing but the negative"
Jerome then went 10 Mrs Thaws tes- /
timony TO the effect that the original
was burned I'm her presence In Mr. Hum 4
meHs office
According to Mr.. HummeI he gave
Mrs, Thaw the papers, said jerome.
when she was asked by me Il she had
possession OF the original she gave no
satisfactory response. Therefore, [
claim / have accounted for the missing
instrument to the best Of my ability"
Finally Admits Negative.
when YOU contradict a witness oral
statement you must afford a witness
an opportunity to refute II by oral
statements" said Delmas. and II you
contradict a written statement SINH
lar rule prevails The learned district
attorney has. indeed. subpoenaed Mrs.
Evelyn Nesbit Thaw 10 produce the
missing document, but has never call
ed upon her 10 testify as 70 whethe-
II is in existence II you believe Hum
mel. the paper is still in existence; If
you believe Evelyn Thaw. the paper was
destroyed. You may take your choice.
The district attorney has called Hum (
mel. and why now doesn't he call Evelyn
Thaw 70 give her version OF the transac-
ton which she believed was the burn
M n 40 a
strument which Hummel made her be
lieve was that document concluded Mr..
Deimas
Justice Fitzgerald said: "The objec-
ton as to the glass negative-the broken
plate-is overruled-'
Photographic Copy offered.
Jerome now offered Peoples Exhibit 7
No. 76-the Photographic copy made
from the broken plate.
rs this offered for the purpose Of ia /
parchment Of E--lyn Nesbit Thaws !
testimony" asked Deimas.
Jerome then went over his story OF the .
original affidavit. He told how Hum .
mel, after drawing the instrument, gave +
II to either jacobson or Snydecker. who J
took it to the tower, where Mrs. Thaws .
signature was affixed.
'She demanded the affidavit from
Hummel the next day" said Jerome, +
Stanford White. lie had the last page
photographed and sent the negative and
the original 10 his attorney. When she
next solicited the paper from Hummel.
q paper was shown 10 ner- She saw .
something which she said looked like /
her signature on paper which was 4
burned in her presence"
Copy as Secondary Evidence
Mr.. Jerome continued: When n case |
is made out, then all that Is necessary !
for the admission of secondary evidence |
IS TO show that a foundation has been
laid. The point I make IS this: After.
every reasonable effort has been made,
and IL Is stiH impossible 10 locate the
original, the way Is opened for secondary
evidence
The proper foundation has been laid
in this case, and l maintain 1 have a
right 10 offer the carbon copy, a sub
stitute for the original
Thaw's new alienists busted themselves
examining the Photographic copies OF
letters offered in evidence by the de-
tense. The prisoner Chatted with Dan
O'Reily. who was kept busy locating
the points Of evidence the aIienists will
be called upon 10 consider Jerome fin
ished his argument after citing half a
dozen authorities
Delmas Pleads for Rejection.
Delmas said: II know OF no departure
in the law from the rule that YOU can
not impeach a witness by introduction
of statements made by her at some
other time unless that witness is afford
ed an opportunity To explain those
statements. I instance the case OF the I
witness who was confronted with a /
statement alleged 10 have been made ,
at some other time than the one he /
had testified about And when that wit