The Montgomery advertiser., 1907-03-15
Jerome By Trick Gets in Abe
 HunmePs Much Sought Testimony

This ruling seemed to bar all of HummeI's testimony, but nfr. Jerome proceeded to question him and soon there was a dramatic clash with MT. Delmas.
 At interview in your office" asked Mr. Jerome, did Evelyn Nesbit, prior to your dictatng anything tell you that she had told Thaw that 1t was not true that Stanford White had drugged and ravished herr"
 MT. Delmas was on his feet to ob- ject. but before he could do so and Immediately after the District Attor- ney had ceased to speak, Hummel said in loud voice:
 "She certainly did,
 MT. Delmas looked at the witness and with scorn in his voice said:
 And you call yourself a lawyerr'
 Mir. Jerome asked MT. Delmas to address his remarks to the court He further said he understood MT. Delmas to say he would not object to an ans wer to such a question as was asked the witness. His assistant, Mir. Garvan, had told him fir. Delmas had made such statement while he (Jerome) was out of the room.
 1T made no such statement" declar- ed Mf. Delmas. T specifically reserv- ed the right to object to any questions put to the witness" MT. Delmas turned to Hummel and said.
 You heard me reserve that right didn't yougs'
 'f did," said Hummel, not in the least perturbed.
 And the learned assistant district attorney heard me?" asked MT. Del- mas turning to MT. Garvan. If the learned counsel from the Pac- fife slope will address himself to the court he will make better progress" said MT. Jerome. He also added that the prefix, "iearned," if left out would tend to shorten the record. aIrFitabie District Attorney" "If the Irritable District Attorney prefers, I will refrain from ascribing to him the qualities he so scornfully rejects,' said Mir. Deirnas. Mir. Delmas first moved that District Attorney Jerofne's question and Hum mers answer be stricken from the re- cord, and Justice Fitzgerald seemed about to order that done. when Mr. Delrnas again took his feey and said:
 Through the extraordinary conduct of the District Attorney this question and answer are in the record. Let them stand; I waive my right"
 MT. Jerome wanted to know If the motion to strike out was withdrawn.
 ''The answer Is already with the jury; why should it be stricken outf I withdraw my motion" said MT. Dell mas.
 Did Evelyn Nesblt, as she was then known" asked MT. Jerome, "say to you that Thaw had prepared documents charging Stanford White with having drugged and betrayed her when she was fifteen and insisted on her sign ing them but that she told Thaw she would not. because the statement was not trueT'
 MT. Delmas objected at once on the ground that the question was a repe- ition of the other ruled out by the court
 Mir. Jerome read from the record the statement Mrs. Thaw made on cross examination which he sought to re-but. said it was based largely on the ground of manifest misconduct on the part of the district attorney.'
 Justice fitzgerald said that the ques- ton ruled out included portions of the present question.
 Mir. Jerome cited additional decisions to uphold his view.
 Mir DeImas in concluding a lengthy argument on the new question declar- ed that the mere fact that Evelyn Nes- bit had refused to sign documents for Harry, Thaw. was not evidence that she had not made the statements. He also objected to the question put to Hummer on the ground tnat ne was acting as Miss Nesbit's attorney.
 In answer to one of the questions put to him yesterday, Hummel said Evelyn had called on him in his pro- fessional capacity. He declared immed- lately afterward, however, that in drawing up the affidavit he was acting for Stanford White.
 Had Waived Her Right.
 Mir. Jerome declared that young Mrs. Thaw herself had waived the right of professional privilege as between her self and Hummel by stating on the stand her version of the interview with the lawyer
 '<rhe learned district attorney knows" interrupted MT. Delmas, that Mrs. Thaw was not at that time stat ing any historical fact, but was testi- flying merely as to what she had told