Smyrna times., 1907-03-20
FAILED TO BAR
HUMMEL'S STORY
Jerome Scores Important Point in
ThaW Trial.
TOLD OF EVELYN'S AFFIDAVIT

New York, March 16.-With Attor
aey Delmas fighting him every inch of /
.he way, District Attorney Jerome Sc
fured from Abraham Hummel his COM
plete story as to the affidavit which it |
Is alleged EVELYN Nesbit Thaw made in |
the lawyers office in 1903. charging |
Harry X. Thaw with beating her when !
she told him that the statement that |
Stanford White had drugged and ruin |
ed her was not true. Justice Fftzger-
aid overruled every objection, and Mr.. !
Delmas had exceptions to the rulings
noted on the records.
Evelyn Nesbit Thaw was called to
the stand in the effort of the defense
to keep Hummel quiet. She declared
she had called upon Hummel in his
professional capacity and to seek his
advice as a lawyer Stanford White
had taken her to the lawyers office
with that end in view.
Justice Fitzgerald declared that ad-
mitting the proposition of counsel and
client, Mrs. Thaw had herself waived
the professional privilege by taking
her version of what transpired at Hum
mel's office. The bond of secrecy once
removed could not be re-established.
Unsuccessful in blocking Hummers
testimony. Attorney Delmas in cross
examining the witness brought from
his own lips the fact that he had been
convicted in December, 1905. on
charge of conspiracy in the same court
room in which Thaw is being tried. He
further admitted that two indictments
for subornation of perjury are pend
ing against him, and thai one of these
indictments charges him with having
caused a false affidavit to be made.
Hummel's testimony in brief was to
the effect that Evelyn Nesbit told him,
among other things, that Thaw had
beaten her when she refused to sign
papers he had prepared charging
Stanford White with her betrayal;
that he had dictated a statement to
stenographer in the presence of Miss
Nesbit and Stanford White; that he
gave the affidavit to two of his clerks
TO take to Miss Nesbit in the Madison
Square Garden tower, and that the
next day the paper was returned to
him with Evelyn Nesbit's signature at
tached. He kept the affidavit until
Miss Nesbit called one day and de-
manded it. He refused to give it to
her, and turned it over to Stanford
White, advising him to have a photo
graphic copy made. Hummel first said
he had himself arranged for photo
graphing the affidavit and that the
photographer came to his office. A few
moments later, however. he completely
contradicted himself on this point. say
ing he did not make the arrangement; /;
that the photographer did not come to
his Office, and that he had not so tes-
titled After Stanford White had the
copy made he returned the original of
the affidavit. the Photographic mega
tives and the prints made from the
negatives to Hummel. who swOre that
he subsequently delivered the original
affidavit to Miss Nesbit and has not
seen it since.
Abraham Snydecker, one of Hum
mel's clerks. was called. and said he
took the affidavit to Mr.. Whites room:
in the tower and handed it to tn;
woman pointed out to him as Mis-.
Nesbit She kept the affidavit for five
minutes and signed it. saying she haC
read it through.
At the conclusion of this testimOn,
District Attorney Jerome asked per
mission to introduce the carbon ant
Photographic copies of the affidavit il
evidence 1t was near the cOSini
hour and Mr.. Delmas asked that ad
journment be taken before arguing a
to the admissiblity of the affidavit
He said that after reading the pape
over he might not object to its bein
offered in evidence. Coming as
does" he added, "in such questionabl
shape, we may deem it best to have tn
paper go in evidence"
District Attorney Jerome complete
his medical testimony during tn
morning session. Attorney Delmas. fC
the defense, declining to cross-examin
any of the experts. DR.. Flint was fO
mally excused. and then five OthC
alienists were called one after a
other. Each said he was familiar wit
the hypothetical questions framed /
the defense and by the prosecutio
Basing their opinions on these que
tiOns. they all declared that Thaw {
the night he shot and killed Stanfol
White knew the nature and quality
his act, and knew that the act WI
wrong.
CNI1iare g, zi~r IN T-.s-