The herald-advance. (Milbank, S.D.) 1890-1922, 1907-03-22
DR. FLINT, ANSWERING hYPO-
ThETlcAL QUESTION. SAYS
HARRY WAS SANE.
huMMH'S STORY GIVEN TO JURY
TELLS OF AFFIDAVIT IN WHICH
EVELYN SAID THAW BEAT
HER.

New York, March 15.-After a fore
noon session occupied almost entirely
by District Attorney Jerome in a bit
ter denunciation Of che defendant and
his wife. the trial of Harry X. Thaw
for the murder Of Stanford White was
adjourned shortly after II O'Clock yes
terday until this morning. The prose-
cutting attorney found his opportunity
to attack Thaw and Evelyn Nesbit in
arguing on the question of the admis-
sibility OF the testimony which Abra-
ham Hummel. the lawyer who is under
indictment for subornation Of perjury
in the Dodge Morse divorce case. has
to offer.
Says Thaw Was Sane.
New York. March 16. - Answering
precisely the same hypothetical 1ues-
ton in response to which the alienistS
of the defense declared that Harry X.
ThaW was suffering from an unsOund
mind when he shot and killed Stanford
White. Dr.. Austin Flint. the first *
pert called yesterday by District At
torney Jerome in rebuttal. declared it
~ ct hIo oIlHtoh tHdl nav pocitiN Wy
did know the nature and quality OF
his act and knew that the act was
wrong. When the court adjourned for
the dav Mr.. Delmas had not begun his
cross-eXamination of DR.. Flint.
After repeating to DR.. Flint the
same question which Mr.. Delmas put
to the experts for the defense n hav-
ing him declare that Thaw was sane,
on the assumption of the facts therein
stated, Mr.. Jerome had read to the
witness the prosecutions hypothetical
question. which contained $4,000
words. and which required one hour
and eighteen minutes in the reading.
Or. Flint again said without qualitica-
ton that Thaw was sane and knew his
| act was wrong.
DeImas Fights Every Inch.
New York. March 17.-With Attor-
ney Delmas fighting him every inch OF
the way. District Attorney Jerome
yesterday secured from Abraham
Hummel his complete story as to the
affidavit which it is alleged Evelyn
Nesbit Thaw made in the lawyers of
fee in 1908. charging Harry X. Thaw
with beating her. and when h had
told him that the statement that Stan
ford White had drugged and ruined
her was not true. Mr.. Delmas, first
directing broadly to all of Hummel's
testimony, offered a specific objection
to each question put by the prosecutor.
Justice Fitzgerald overruled every OBJ
lection.
Evelyn Thaw Called.
Evelyn Nesbit Thaw was called to
the stand in the effort of the defense
to keep Hummel silent. She declared
she had called Upon Hummel in his
professional capacity and to seek his
advice as a lawyer. Justice Fitzgerald
declared that, admitting the PROPOSE
ton Of counsel and client, Mrs. Thaw
had herself waived the professional
privilege by taking the stand early in
the case and giving her version OF
what transpired at Hummels Office.
Gets Hummel's Record.
Unsuccessful in blocking Hummeps
testimony, Attorney Delmas in cross
examining the witness brought from
his own lips the fact that he had
been convicted in December, 1905, on
a charge Of conspiracy. He further
admitted that two indictments for SUBJ
ornation Of perjury are pending
against him and that n of these in
dictments charges him with having
caused a false affidavit to be made.
Mr.. Delmas wanted to know IL Hum
mel had any more recent business
transactions with the district attorney,
and asked If Mr.. Jerome was pressing
the charges against him.
HE certainly u.s. said the witness,
with spirit.
Affidavit Held Up.
At the conclusion Of this testimony
District Attorney Jerome asked per-
mission to introduce the carbon and
Photographic copies Of the affidavit in
evidence. 1t was near the closing
hour. and Mr.. Delmas asked that ad-
journment be taken before arguing as
to the admissibil:ty of the affidavit. He
said that after reading the paper
over he might lot object to its being
offered in evidence. Coming, as it
does" he said, lin such questionable
shape, We may deem it best to have
the paper go in evidence"
District Attorney Jerome completed
his medical testimony during the
morning session, Attorney Delmas. for
the defense. declining TO cross-exam'
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