Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-03-18
JEROME PRESENTS
H|jkM[L AFFIDAVIT
After Fighting Its Introduction
Delmas, For Defense, Asks
That All Be Read
STATE RESTS, AuMMEL EXPOSED
To Combat Alleged Affidavit, pelmas
uses Jerome's Own Words to Show
i HummeI Periuror Affidavit as
| Presented Accuses Thaw of Beating
4 Evelyn and Exonerates White.

h
Evelyn and Exonerates White.
New York, March 1s.-After fighting
for an hour and half against the in
PRODUCTION in evidence of the famous
affidavit drawn by Abraham H. Hum
mel. at the request Of Stanford White
and with the alleged consent OF Evelyr
Nesbit. charging Harry X. Thaw with
having cruelty beaten Miss Nesbit or
several occasions during theirstrip thru
Europe In 1908. Delmas, attorney fol
TIE defense, suddenly switched tactics
at the trial Of Thaw today. He demand
ed thar the whole alleged affidavit &C
into the record, to be read to the jury
Jerome had contemplated, reading
only certain portions of 1t, which he de-
clared directly contradicted the testi-
1nony Of young Mrs Thaw. With the
reading of the affidavit Jerome an
nounced that the people rested theil
case in rebuttal. Delmas Immediately
offered in evidence the record of the
4 trial Of Abraham Hummel, on a charge
OF conspiracy, and proceeded to read
3 the entire record to the jury in order
that Jerome's own words denouncing
Hummel might be placed before the
jury.
The Hummel affidavit specifies nu-
merous occasions in Austria, Switzer-
land and Paris when Thaw is alleged
to have beaten the young woman, who
was travelling with him as his wife.
until she swooned, and her bare skin
was declared to have been. bruised and
cut by the lashings Of Thaw's cowhide
whip.
When Hummel was on the witness
stand he denied absolutely that in
drawing the affidavit he was acting as
Z counsel for Miss Nesbit. In the affi-
davit as read today, and which Hum
mel said he dictated, he has Miss Mes
bit refer to himself several times. AT
one place she is purported to say:
9 'T have received several letters and
cablegrams from Thaw, which have
turned over to my counsel, Mr.. Abra-
ham HI. Hummel."
The affidavit is also signed Howe &
Hummel, attorneys for plaintiff" Hum
mel also denied any action was con-
templated in behalf of Miss Nesbit,
while the affidavit begins:
Evelyn Nesbit, plaintiff, VS.. Harry
K. Thaw, defendant" and appears as
part Of the papers in an action con-
templated in the supreme court of the
county OF New York.
New York. March 1S.--When the
Thaw trial opened today Jerome offered
in evidence broken pieces of the photo
graphic negative Of the last page of
the famous Hummel affidavit, bearing
the signature of Evelyn Nesbit. Del
mas promptly objected to its INTRO
duction and began an argument on the
point.
Defense had three new experts in
court today, making seven altogether
appearing for the defense. The alien
lists new to the case are DR.. Charles
w Pilgrim, superintendent of the Hud-
SON river state hospital at Poughkeep-
sic, N. Y, and president of the state
lunacy commission: DR.. William A.
white. medical superintendent of the
government hospital for the insane,
Washington; DR.. Minas Gregory, in
charge Of the pavilion for the insane at
Bellvue hospital, this city. The other
four experts for the defense are Drs.
Britton D. Evans and Charles G. Wag-
nes who already have been upon the
stand. DR.. Smith Ely Jelliffe and DR..
Graeme NJ Hammond.
Negative Coos as Evidence.
Justice Fitzgerald overruled the OBJ
lection and the negative was accepted
In evidence. Jerome then offered in
evidence a Photographic print from the
negative. Delmas objected and another
long argument ensued. Delmas said
the photographic copy Of the affidavit
could not be introduced to contradict
Mrs. Thaw, for she was not shown
copy on the witness stand and had no
opportunity either to affirm or deny
her signature. Delmas argued further
that the copy of paper was not COM
petent evidence on which to contradict
a witness. He cited a case in which
the court had held that original papers
only could be introduced against
witness. and that even certified copies
OF the papers refincompetent.
Jerome went to some length in es-
planning that the original Hummei af-
fidavit had been traced to Mrs. Thaw's
hands. She had said that no such pa
per existed Under these circumstances
he said that he should be allowed to
Introduce secondary evidence in the
shape of copies of the original paper.
The evidentiary value of Photographic
copies, he contended, had frequently
been sustained by the courts.
Delmas concluded his argument by
saying that if Jerome would put Evelyn