The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-18
Prosecution i'm the Thaw Trial
Closes Its Testimony
With the Reading of the Hum
mel Affidavit.
RECORD OF THE CASE
In Which Hnmmel Was Con-
victed of Conspiracy
Is Read to the Jury by Attorney
for Defense.

New York March 1S.-After fighting
for an hour and a half against the in
PRODUCTION in evidence of the famous
affidavit drawn by Abraham Hummel,
at the request of Stanford White, and
with the alleged consent of Evelyn Mes
bit, charging Harry K. Thaw with hav-
ing cruelty beaten Miss Nesbit on sew
eraI occasions during their trip through
Europe in 1903, Mr.. Delmas, attorney
for the defense suddenly switched tao
tics during the Thaw trial today and
demanded that the whole of the alleged
affidavit go into the record and be read
to the jury. District Attorney Jerome
had contemplated reading only certain
portions of it, which he declared direct
ly contradicted the testimony of young
Mrs. Thaw.
With the reading of the affidavit, Mr.
Jerome announced that the people rest
ed their case in rebuttal. Mr.. Delmas
Immediately offered in evidence the
record of the trial of Abraham Hum
mel on the charge of conspiracy. The
district attorney did not object and the
defendants lawyer proceeded to read
the entire record.
The Hummel affidavit had already
been discounted by the statement of
its contents by Mr.. Jerome at various
admissibility
Mr.. Jerome had also quoted freely
from the affidavit during his cross ex-
animation Of young Mrs. Thaw and she
then denied emphatically having made
any of the statements contained in the
paper.
The affidavit specifies numerous oc-
casions in Austria, Switzerland and
Paris when Thaw is alleged to have
beaten the young woman who was
travelling with him as his wife. until
she swooned. Her bare skin, she de-
clared, had been bruised and cut by the
lasEings Of Thaw's cOwhide whip.
Mr.. DelInas had not reached the dis
trict attorneys remarks at the Hummal
trial when the luncheon recess was or
dered. 1t was to get Mr. Jeroma's own
words, denouncing Hummel, that M.
Delmas- undertook TO read the entire
record of the trial
When HummeI was on the witness
stand he denied absolutely that In
drawing the affidavit he was acting as
counsel for Miss Nesbit. In the affi-
Gavit as read today and which Hummel
said he dictated he has Miss Nesbit re-
fer to herself several times. Al one
place she is purported to have said:
I have received several letters and
cablegrams from Thaw which I have
turned over to my counsel, Mr.. Abra-
ham H. Hummel.'
The affidavit is also signed Howe &
Hummel. attorneys for plaintiff.
tiOn was contemplated in behalf of
Miss Nesbit while the affidavit begins:
Evelyn Nesbit. plaintiff, versus
Harry K. Thaw. defendant and ap-
pears as part of the papers in an action
contemplated in the supreme court of
the county of New York.
Three New Experts
New York, March 1S.-The defense
In the Thaw trial had three new ex-
perts in court today. making. seven
aV4 p, f-ir fn- Iafn a.
ant The alienists new to the case
are: DR.. Charles W. Pilgrim. superin-
tendent of the Hudson River State hos
Dital at PoughkeepSie, n. Y. and presi-
dent of the state lunacy commission;
DIR. William A. White. medical super
intendent of the government hospital
for the insane. Washington. d. C.. and
DR.. Minas Gregory, in charge of the
pavilion for the insane at Belleview
hospital, this city.
The other four experts for the de-
fense are: Doctors B. D. Evans and
Charles G.. Wagner. who already have
been on the stand. and Doctors Smith
Ely Jelliffee and Graeme NJ Ham
mond. who have not as vet been called
but have been in court daily
There was % minutes delay in the
opening of the trial this morning. /
When the proceedings finally began
Mr.. Jerome offered In evidence the |
broken pieces of a Photographic mega !
tive of the last page of the famous
Hummel affidavit bearing the sigma |
ture of Evelyn Nesbit- Mr. Delmas |
promptly objected to its introduction |
and began an argument on the point. |
Justice Fitzgerald overruled the OBJ !
lection and the negative was accepted I
in evidence.
Photograph Is offered.
Mr.. Jerome then offered in evidence !
photogra phic print from the mega !
tive.
Mr. Delmas objected to the intro
ductfon of the print also and another /
long argument ensued.
Mr.. DelmaS said the Photographic /
CODY of the affidavit could not be in |
troduced to contradict Evelyn Thaw |
for she was not shown the copy on the |
witness stand and had no opportunity /
either to affirm or deny her signature
Mr. Delmas argued further that the /
COPY of paper was not competent /
evidence on which to contradict Wit
ness. He cited a case in which a court
had held that original papers only |
could be introduced against a witness
and that even certified copies of papers
were incompetent.
District Attorney Jerome went to
some length in explaining that the |
original of the Hummel affidavit had |
been traced to Mrs. Thaw's hands and,
she had said no such paper existed.
Under these circumstances he said he
should be allowed to introduce second |
airy evidence in the shape of copies of
the original paper. The evidenciary
value of Photographic copies, he con-
tended. had frequently been sustained
by courts.
Mr.. Delmas concluded his argument
by saying that if District Attorney
Jerome would put Evelyn Nesbit Thaw
on the stand and let her say whether
she made the statements contained in
the paper and whether she knowingly |
signed the paper. he would not offer
the slightest objection to the affidavit /