New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-16
HUMl[EL AFFIDAVIT in
JEROME WINS LONG FIGHT
Prosecutions Case Emded-Defence
TO Recall AIieniSts.

The ng fight that District Attorney Jerome
h.e Uared 20 Introduce as evidence the am
aovit which Evelyn Nesbt is said 10 have made
- Abraham H Hummel, charging Harry IA-
rhaw with having beaten her because she re-
spsed 10 swear that Stanford White had mall
treated her, was practically won yesterday
when Hummel was permitted TO testify.
The lawyer was put on the stand in the after
moon. after young Mrs. Thaw had occupied II
for a brief period. Mrs. Thaw called in an
EFFORT to head off Hummel's testimony by show
,Dg that he had acted as her counsel at the time
she made her statement TO him. and that, there
fore any communication she had made to him
was privileged Was your visit 10 Mr.. Hum
rel made 10 him in his capacity as your coun-
seller at law?" asked Ar. Delnas. Il object"
nIr. Jerome interposed. 1.-The witness has al
ready testified as 10 all the circumstances at
tending her connections with HummeL" The
District Attorney was proceeding TO argue the
pont at length when Justice FitzGerald inter-
Fupted him by ruling on the question raised by
Mr Delmas at the previous hearing, the effect
Of which ruling was that Mrs. Evelyn Thaw had
waived the privilege of client and lawyer by
relating the dealings she had with Hummel
Upon this ruling Mrs. Thaw left the stand
and Hummel was called. When EVELYN NesbiI
called at your ofice on October %. 1903, did she
time again TO swear TO documents charging
Stanford White with drugging and betraying
her when she was fifteen years old, and that
Thaw had beaten her because she would not
sign these documents?" Nr. Jerome asked. Be-
fore Hummel answered there was strenuous OBJ
section by Mr.. Delmas. but at last the witness
replied: ''she did; IN effect"
Then step by step Mr.. Jerome traced the
making OF the affidavit and its conveyance to
an Office in Madison Square Garden. II was a
carbon copy OF the document that was offered
and eventually accepted IN evidence. and which.
unless the defence finds some new objection.
win be read on Monday. Hummel directly con-
tradicted Mrs. Evelyn Thaw's story about the
burning OF the affidavit in his office She had
sworn that paper. which she supposed was the
afidavit. burned in a jardiniere in Hum
meTs Office; he declared that the affidavit was
given TO her. and that the last he saw OF it.
Hummels story was corroborated to some ex-
tent by Abraham Snydecker,. who was stenog-
rapher and notary public in his Office at the
time. snydecker told Of having gone to room
IN Madison Square Garden with a man named
jacobson, also in Hummels employ. After wait
ing few moments Evelyn Nesbit and Stanford
White entered, Miss Nesbit having a paper IN
her hand which he understood to be the afi-
oav5t and which she swore to. This. too. directly
contradicted young Mrs. Thaw's testimony. She
had sworn that a paper had been placed before
her, and that she had signed without reading it,
snydecker swore she had the paper in her pos
session fully five minutes
When Humnel was turned over to Mr.. Del
mas for cross-examination he was subjected to
q severe gruelling concerning his conviction in
connection with the Morse divorce suit and the
subsequent proceedings by the Bar Association
which resulted in his suspension from practice
as a lawyer. 1t was with a smile and a sigh
Of relief that he left the stand TO make room
for his former employe
At the end of the day Mr.. Jerome announced
that in all probability he had rested his case.
He asked Mr.. Delmas Il he had any idea Of the
length OF time he would take IN rebuttal, but
counsel for the defence would not enlighten him.
M Delmas did intimate. however, that he
would call his alienists again and that the Dis
trict Attorney would have an opportunity 10
cToss-ezaTnine them. II looks therefore, as If
The trial will be prolonged beyond next, week.