Albuquerque morning journal., 1907-03-14


many ta close this week. but others
Whd have followed the trial believe
that the end is s.ill ten days or two
weeks uWHs.
James q. smith. Stanford Whites
brother-in-law. was called again as
the the first witness this morning and
was questioned by Mr. Delmas FOR IN,
defense as To the cablegram from
Mr. Jerome. summoning him To ap-
ueaf as a witness.
Mr. smith said he did not have
either the original of the cablegram
ur copy.
As I remember the message. said
Mr. Smith. u read Your evidence
most important Your attendance d.
sired
He had first communicated this evil
Jcnce TO his LAWYERS.
Abraham Hummel next took the
stand. He testified that he saw Eve
lyn Nesbit at his office. October -.
1908. after her return from Europe.
Did YOU. after conversation with
Evelyn Nesbit on October %. dictate
something to stenographer' asked
Jerome
Delmas promptly objected upon the
ground that this was not in rebuttai
of any testimony offered by the de-
tense.
Justice Fitzgerald overruled the ob.
lection.
Yes" answered the witness.
Did Mrs. Thaw tell you that Than
wanted to iniure White and put him
In the penitentiary and that Thaw
had begged her time and time again
to swear to documents he had pre-
pared involving Stanford White and
charging that he had drugged ana
ruined her, and that Thaw mad beaten
her because she would not sign the
paper" asked Jerome. Delmas arose
To- lay the ground for an objection. Ea
asked Hummel If at the time of the
conversation with Miss Nesbit he was
acting as her legal adviser aud at
torncy
II was acting only for Stanford
White" replied the witness
And YOU did not contemplate some
action in Miss Nesbrs behalf?"
no. there was no legal action con-
plated SO far as She was concerned >"
There was no communication be-
tween the witness and Miss Nesbit as
client and counsel.
II must object" said DclmNs to the
question upon the ground that 1t Is
not proper rcbuttal."
Before the court could rule. how
ever. jerome put further questions to
the witness which had reference to
the payments he received from stan
ford White for legal purposes. fhe
amount paid for his particular item
of service, witness said. was about
500.
Delmas renewed his general ohioc-
tiOn.
"A, sai
1T is also immaterial and irrelevant
and not proper testimony
Mr. Jerome proceeded to argue the
points of law involved.
His contention was that II 1t could
be- shown that under oath Miss Nes-
bit denied that she told ThaW the
stories about Stanford White, which
/ in this trial she testified to have mar
rated to Thaw i'm Paris, that fact must
have weight with the jury in deciding
whether she had i'm truth made the
statement. related in her testimony
ana which has been the basis Of the
theory that the defendant is insane.
IF her story is true" continued Mr.
Jerome. 81 know Of nothing in his
tory or literature more sublime thar
Eyelvn Ncsbit'S self-sacriliCc in bel
renunclation of the love of the mar
who. we are told, was paying honor
able court to her.
But she returned to America oi
October "a ana on October > sh'
was in Hummels iOftice with the maj
she now says ruined her and there
she said that in EuroDe Thaw hat
strinped her ana beat her with Will
because she refused to sign a pape'
accusing White of drueging and raw
ishine her. Stanford White, she Sald
meyer harmed her
Mir Jerome then read large mum
her oi decisions bearing upon the SUB
iect of Introduction Of evidence t
show that witness has made state
meut ont Of court which do no agre
with tatements made on the stand,
IN an the cases. he declared, tn
court have held that when the atten
ton pf a witness IL properly called Il
la cor tIadiCtDry statement made out q
court. II is competent to bring test'
mony in rebuttal to prove the state
ments.
THE proposition | make To In
court is very simple continued MI
Jerome. "Gf Evelyn Nesbit did no
tell Thaw this story i'm Paris In
reason for his insult disappears.
she did not tell the story, the hypo
thetical question on which the eX
petts have based their opinion disap
pcara contend under the law; nm
der he authorities ! have quoted,
have a right to show that this woma
made the statement outside of CouI
but ander oath that she did not te
ThaN,-would not agree To- any sue
story as she has told here
MIR Jerome sat down and MI Del
mas arose. He said that as the hou
for The luncheon recess was approach
ing nd as Mi. JerOmc's argument ~
cess atod an extended reply, he woul
ask hat the recess be taken immcdI
ately so that his argument might NJ
be Interrupted.
N Jerome amended the motion b
asking that court adjourn for the dal
81 am very dcsirous Of getting throug
with this case" said Al. Jerome, IAN
. am sure both Mr. Delmas and you
honor feel the same way. | have dis
cussed the matter of this hypOthetiC5
question with eight scientists wit
whom we are consulting and ! fin
they are not willing tn express a
opinion on a question which Is only
/ summary of the evidence, /. Therefore
win be obliged To go into the case
full. making a question that Will r'
Quirc at least an hour to read, and
, have as yet been unable To finish /
| think we could save time if We ad
journcd now until tomorrow mornin
and In the meanwhile Mr.. Dclmas an
! can probably agree upon the word
ing of the question and thereby sav
| the time of the court which woul
otherwise be taken up by argument
and searching through the record
, Mr.. Delmas would also have tilhe