Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-03-16
JUDGE, TIRED,
|MPART|ALL.Y
OvERRULES
LAWYERS
Jerome Props lettering Case
With Testimony of Abe Hum
mel, DiScredited Attorney
Under Sentence for Perjury,
WITNESS UNDERGOES
HUMILIATING ORDEAL
DeInaS Repeats BitterArraign-
ment of District Attorney,
Demanding Severe Sentence
for Man He Now Relies On,

Demanding Severe Sentence
for Man He Now Relies On,
IBy Morning Journal Special leased Wire. |
New York, March Twin Attor-
ncy DclhHs fighting him every inch
Of the way, District Attorney Jerome
today secured from Abraham Hum
nell his complete story as to the af-
ndavit which it is alleged Evelyn Mes
bit ThaW made in the lawyers office
in 1908. chagring Harry X. Thaw with
beating her when she had told him
that the statement hat Stanford
White had drugged and ruined her
was not true. Mr.. Delmas first OBJ
icctcd broadly to all of HummelFs
testimony, offered a specific objection
10 each question put by the prosecutor.
Justice Fitzgerald o|verruled every OBJ
lection. and Mr.. Delmas had excep-
lions noted.
Evelyn Nesbit Thaw was called to
the stand in the effort Of the defense
to keep Hummell silent. She declared
she had called upon Hummel in his
professional capacity ana 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, adj
hitting the proposition of counsel and
client. Mrs. Thaw herself had waived
the professional privilege by taking
the stand early in the case and giving
her version of what transpired at
Hummel's office. The bono of Sc
crecy once removed could o be re-
established.
Unsuccessful in blocking Hum
meIs testimony. Attorney Delmas, in
cross-cXamtuiug tho witness. brought
from his own lips the fact that he had
been convicted in December. 1905. on
a charge Of conspiracy in the same
court room i'm which ThaW is being
tried. He further admitted that two
Indictments for s~ubornatiOn OF perjury
are pending against him, and that
one of these indictments charges him
with having caused a false affidavit TO
be made.
Mr.. Jerome protested against the
witness being dragged through the
%humiliating details of his trial, but
Justice Fitzgerald declined to inter-
fcrc.
Then Mr.. Delmas asked Hummel if
he had not heard the speech made by
Afi1'l g. -NAAOl ivy J1IbiAAt 90 ~
tcncc was about to be imposed; when
Mr.. Jerome urged the court to pass
the longest and heaviest sentence
within its power upon Hummel, as The
had been a mcnac to the community
Tor twenty years Justice Fitzgerald
finally sustained an objection to this.
and Hummcl was not compelled to
answer.
Mr.. Dclmas wanted to- know if
Hummcl had any more recent bust
ness transactions with the district at
torney, and asked If Mr.. jerome was
pressing the charges AGAINST him.
He certainly is" said the witness
with spirit.
Hummels testimony in brief was
To the effect hat Evelyn Nesbit told
him among other things, hat 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
q stenographer in the presence of Miss
Nesbit and Stanford White; that he
gave the affidavit to two OF his clerks
to AXE TO Miss Nesbit in the Madison
square Garden tower, and that the
next LAY the paper was returned To
nun with Evelyn Nesbit's signature
to IT,. He kept the affidavit until Miss
Neshit called n day and demanded
%. He refused to give it to her and
turned 1t over to Stanford White. adj
'ising him to have a Photographic
CODY made.
Hummel first said he mad himself
arranged for photographing the affi-
davit. and that the photographer
came TO his office. \ few moments
iuter, however, he completely contra
dlcicd himself on this point. saying
ne did not make the arrangements;
lha' the photographer did not come
lo mis- office; and that he had not so
testified. After Stanford White had
inc copy made he returned the origi-
nan of the affidavit to Miss Nesbit. aud
has NOT seen Il since.
Abraham %Snydecker. one Of Hum
Ihr s clerks, was called and said lac
to3k the affidavit to Mr.. White
rooms In the tower and handed 1t TO
Ine women pointed out TO him as
MlsS Nesbit. She Kept the affidavit
Tor five minutes and signed it. saying
She had read it through.
ut The conclusion of this testimony,
District Attorney jerome asked per-
mission to Introduce the carbon and
Photographic copies of the affidavit
l evidence. 1t was near the closing
nour. and Mr.. Delmas asked that ad-
l"Lfnment be taken before arguing
rs to the admissibuitv Of the affida-
Wit. He said that after reading the
paper over he might not object TO its
otl.s offered I'm evidence. Coming
l~ 90 does. he added. in such ques-
ooiaUie' shape. we may decent -it best
~ are the paper 90 in evidence
District Attorney Jerome completed
~ medical testimQns I'm the morning.
Attorney Dctnas- for-the d~ffenSe-de-
oining 10 cross-examine any uf the
.ApeFtS. Dr.. Flint. who testified yes
'e.aay. was excused. and then five
ptntr aiienists were called % after
@aut4er. Each said he was familiar
--Ine "fss'---r+-a1p'~--+@
-
fctftfr- FTefNg fhefr TTTH~Hr
~ these questions. they All declared
,lai Thav. on the night he shot and
hHitd Stanford White. knew the na-
.lre and quality of his act and knew
,.st The act was wrong one Ques-
eon was put by Mr.. H%artridge. OF the
'l'iSe. Co Dr. William Mahou. poo
or Ihe states eXnerts.
ihf doctors often disagree las ru the