Evening journal., 1907-03-14
Jerome Cannot Offer Affida-
daVit Of Evelyn Alleging
Cruelty Against
ThaW
RULING DISTINCT
VICTORY FOR DELMAS

By Our own Wire. Publishers Press.
NEW YORK. March 14-Delmas was
prepared for a great effort when he came
into the Thaw trial room this morning to
meet the biggest crisis Of the case.
Thaw came in smiling but was very
nervous.
An additional squad of the States alien
lists was on hand. Jerome's hypothetical
question had been printed and the prose-
cutor had a copy of it in his hands when
ne entered the courtroom. It IS believed,
however, that Delmas will make a long
speech and the experts will not get their
turn to-day Among the stAte's experts is
DR.. Alan AIc1ane Hamilton who was en-
ployed first by Thaw's counsel
Delmas began speaking in reply 10
Jerome's argument Of yesterday at 1O.43
Hummel was put on the stand as the
point involves his reply to the question
Before punglng into his argument re-
lating to the conversation between Evelyn
and Hummel. Delmas explained that he
reserved the right TO again raise the point
that the relation between Evelyn and
Hummel was that Of attorney and client
The defense, he said. did not propose to
allow Hummel to waive the right of priv
uege which it claimed existed.
In making this statement there was a
hint thar Evelyn might be recalled to the
stand as a last resort Of the defense TO
shut out the affidavit by swearing the re-
lation Of attorney and client did exist and
refusing to waive her privilege.
Flags Jerome
The California lawyer then turned his
attention to Jerome and severely fayed
the district attorney for his action yes
terday in relating the contents Of the af-
hdavit to the jury when the document had
not been admitted in evidence.
7 permitted the district attorney to
continue" declared Delmas bitterly, be
i.eving twelve intelligent men would not
be Influenced by the unsworn statement
Of an impassloned lawyer. trust in that
tntelligence as my protection"
with this appeal to the jury Delmas
plunged into a discussion of the author
lties cited yesterday by Jerome, read
ing his address from manuscript and laid
down the proposition that II any part OF
"a question is shown to be illegal, all Of II
must be so considered. He then separated
Jerome's question showing the parts to
which he objected
Had no Bearing on Evelyn's Story
He said that the statement that Thaw
wanted White put in the penitentiary was
not denied. but that II had no bearing on
whether Evelyn told her story to Thaw
rtHHfHr 1rIH "a
serting the irrelevancy Of the sentence set
ting forth that she refused to sign docu-
ments saying that White had betrayed heI
and that Thaw beat her
He closed by saying the court was en-
powered to pass on the statement OF an
attorney on the witness stand regarding
his professional relations. again intimating
that Il could be shown that Evelyn was
Hummels client
Jerome replied briefly pointing out that
he had asked Evelyn specifically whether
she had made each Of these statements te
Humnel and she had answered no. He
hontended that the entire question was
felevant in the highest degree.
Justice fitzgerald sustained Delmas' OBJ
section to admitting the conversation be
tween Hummel and Evelyn Thaw, immedi'
htelv preceding the dictation of the fam
bus Hummel affidavit. Upon the introduc'
hon Of this conversation Jerome had nasee
hishope Of getting in the affidavit itself
and the courts ruling is a distinct victory
for the defense
In ruling out the important question
Justice Fitzgerald tersely said:
sThe cases cited by the district at
torney are not authorities on the point
A-he objection is sustained
Jerome clearly showed he felt the de-
feat. He sat quietly a few moments
before he tried to continu Hummer
examination. shen he began by put
ting the points contained in a long in-
tolved question which had just been
Dverruled into single questions.