The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-16
HUMMEL TELLS
STORY AND HAS
RECORD EXPOSED
CONTINUED FROM PAGE l.,

clans often differ as to the form of in
sanity from which patient may be suf-
fering?"
District Attorney Jerome interposed an
objection, but 1t was overruled
They do" admitted DIR. Mabon.
Mr.. Hartridge said that many things
which are in evidence were left out of the
hypothetical question framed by the dis
trict attorney, and undertook to supply
some Of the details.
Mr.. Jerome objected to the additions to
his instructions, especially to the Monk
Eastman gang, and said there was not a
fact correctly stated by Mr.. Hartridge
which is not contained in one of the other
of the two hypothetical questions put to
the witness
Mr.. jerome objected to Mr. Hartridge's
concluding clause in the question as to
whether or not the defendant was suf-
fering from any form Of insanity the
night of June rs last. The district attor
ney declared the law is explicit as to the
form of insanity which constitutes an
excuse for crime-that the person must
be suffering from such a defect of reason
as not to know the nature or quality of
his act or to know that the act was
wrong
The luncheon recess was ordered with
the matter still pending.
Afternoon Session.
When court reconvened after the lunch
con recess, Mr.. Hartridge said he would
withdraw the question asked DR.. Mabon.
'"rhen there is no cross examination
queried Mr.. Jerome.
None" said Mr.. Hartrldge.
I'm that case, your honor" said Mr..
Jerome to Justice Fitzgerald, " we come
back to the question as to whether or not
Abraham Hummel was acting as attorney
for Evelyn Nesbit at the time he was
testfying about yesterday"
Mrs. Thaw on Stand.
Call Evelyn Nesbit Thaw," comment
ed Mr.. Delmas.
Young Mrs. Thaw soon appeared from
the witness room and took her place in
the chair.
Mr.. Delmas called Mrs. Thaw's attention
to the fact that she had already testified
as to visiting Hummels office with STAN
ford White. Ibid you" he said, then and
there call on him In a professional ca
pacity with a view to having his legal
advice as counsellor at law"
HummeI Advised Her.
District Attorney Jerome promptly OBJ
iected on the ground that the witness
had already been duly examined on the
subject.
Justice Fitzgerald overruled the objec
ton and Mrs. Thaw said;
Il did"
Mrs. Thaw then left the stand.
Hummel Testifies.
Mr. Jerome then summoned Hummel to
the stand.
"When Evelyn Nesbit called on you at
your office" asked Mr.. Jerome, did she
rot tell you that Thaw had begged her
time and again to sign and swear to
documents he had prepared, charging
Stanford White with her betrayal and
that when she had told Thaw it was not
so, he beat her?'
Mr. Delmas objected to the question.
Justice Fitzgerald overruled the OBJ
lection.
YES" said Hummel.
'Did you thereafter and in the pres
ence Of Evelyn Nesbit, dictate to stem
ographer?'
Mr. Delmas objected on Ithe ground
that the question was irrelevant. already
having been sworn to by Miss Nesbit
Mr. Jerome said he remembered that
Mrs Thaw had sworn that she heard the
dictation and withdrew the question.
"Can you recall what was dictated?"
asked Mr.. Jerome.
IT can
. was the dictation subsequently re-
duced to writing?'
/ Yes"
Protests Against Answers.
MIR. Delmas protested that the quick an
swers of the witness did not permit him
to object He, asked that the last answer
be stricken out.
Justice Fitzgerald ordered this done and
mir. Delmas offered an objection to the
question as immaterial.
Justice Fitzgerald asked If the die
writing in Miss Nesbits presence.
NO. SIR said Mr.. Jerome. who then
temporarily abandoned the question on
which the objection was offered and asked
Hummel if he could recall to which one
of the stenographers he had dictated the
statement.
u cannot" he replied.
Mr.. Jerome handed to Hummel copy
of the affidavit Evelyn Nesbt is said
to have made in his office and asked
If he had ever seen it before.
"Yes sir. in my Office replied Hum
mel -
Mr.. Delmas objected to the whole line
of examination. was overruled and noted
exceptions.
Hummel said that the paper handed him
was carbon copy of the statement he
had dictated in the presence of Miss
Nesbit
What did you do with the original
copy?' asked Mr.. Jerome.
Objection by Delmas overruled
Copy of Dictation.
Il handed 1t to Snydecker or Jacobson
one of the men in my office. l don't know
which," replied the witness.
what day was it you handed the origi-
nal TO the mem"
Tuesday, October II, -sS3."
when did you next see the original?
"The next day, Wednesday. October
2s"
Mr.. jerome next handed Hummel the
PHOTOGRAPHIC negatives and copies OF the
original affidavits. He said he had caused
the Photographic copy to be made
Have YOU ever seen Evelyn Nesbit
write?" asked Mr.. Jerome.
No" replied IIummel.
Are you familiar with her writing from