The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-02-26
HER ORDEAL ENDS
Cross Examination of Mrs.
Evelyn Thaw Is Closed.
Jerome May Recall Her for a
Few More Questions.
ABE HUMMEL CALLED
For Purpose of Testifying Re-
garding an Affidavit.
Most Of States Line Of Question
ing Ruled Out.
DIARY READ IN COURT
1t Was Kept by Defendants
Wife While at School.
Long Wrangle Over Letters
Held i'm Pittsburg.
For Purpose of Testifying Re-
garding an Affidavit.
Most OF States Line of Question
ing Ruled Out.
DIARY READ IN COURT
1t Was Kept by Defendants
Wife While at School.
Long Wrangle Over Letters
Held i'm Pittsburg.

New York, Feb. 26.-When tht
Thaw trial was resumed this morning
District Attorney Jerome called the at
tention of Justice Fitzgerald to a let
ter he had received from j. D. Lyon
vice president of the Union Nationa
bank of Pittsburg, who was a witnes:
two weeks ago.
Mr.. Lyon had custody of the Thav
will. He was requested by Mr.. Jerome
to send all of Harry Thaw's letters and
papers he had in his possession To-
day the district attorney said he had
received a letter from Mr.. Lyon stat
ing that Mr.. Hartridge of the defense,
had written him saying no letters or
papers of date subsequent to June 25,
1906, were desired. Mr.. Lyon asked
that the court instruct him precisey
TO what papers are desired.
Mr.. Jerome asked Justice Fitzger-
aid to make an order directing Mr..
Lyon to send all the papers.
Mr.. Hartridge rose to make the
statement that before writing to Mr..
Lyon that he did not want the papers
after the given date, he had a con-
versation with Mr.. Jerome and the lat
ter said distinctly that he did not care
for the letters and papers after date of
June %. last
1t is very unfortunate that we have
these continual misunderstanding. "
remarked Mr.. Jerome
1T is unfortunate" replied Mr.
Hartridge. but it is fact that 1 wrote
to MIR. Lyon relying on your state
ment''
Justice Fitzgerald said he had no
authority IS issue an order to the W.T.
ness, who is now out of the courts
jurisdiction.
Unless he returns for cross exam
nation said Mr.. Jerome. "his direct
testimony will have to be stricken out
and with it the will and the codicil OF
the defendant
IN stand under oath that the dis
trict attorney told me he did not want
those letters" interposed Mr.. Hart
ridge His memory has gone back
on him
Jerome Given His Way.
After further argument Mr.. Hart
ridge declared the courts time was be-
ing wasted, for if the district attorney
now said he wanted all the letters the
defense had absolutely no objection
and would so instruct Mr. Lyon
At that time early as 1903. she ha
thought Thaw was crazyon the subject
of Stanford White. He said stories
were being circulated by White and
that he had things about us put in the
papers.
Were there others beside White con-
nected with this persecution?"
Yes
the
district attorneys ear. This manner Of
Thaw she said kept up from 1903 to the
time of the killing
Mr.. Jerome's next question proved
the last. 1t was:
Did Thaw recollect having seen
White after these outbursts?' -
Yes
That is all. except that I may at
some future time ask the witness to ex-
plain phrases in Thaw's letters which
q hna
At 12:40 luncheon recess was ordered.
The matter of the letter having
been disposed of Mr.. Jerome directed
that Abraham Hummel. the lawyer
Evelyn Nesbit is said to have sworn
and which charged Thaw with cruel
ties during their 1903 trip to Europe,
to take the stand.
Mr.. Jerome's first question:
do you know Evelyn Nesbit
Thaw?-
Yes
when did you first see herr"
Some time in 1901 or 1902"
81 don't remember exactly"
Was it a your office -
Not the first time"
You knew her before that?''
YES"
Did she go to your office on octo-
Der 27. 1907
"She was there late in the year
1Su5, dOn remem Der Just when
He was shown the photogra phic /
copy of the last page of the famous I
affidavit which Mr.. Hummel said re- |
freshed his memory so that he could /
state positively that the date on which I
Evelyn Nesbit Thaw called at his Of /
fee was October %. 1908. Mr.. Del
aas objected several times to the use
or the photograph but the court allow
ed the questions.
Did Miss Nesbit have a conversa-
ton with YOU in your ofice?" asked
Jerome.
Mr.. Delmas objected. but was over
ruled.
YES said Hummel
Did you dictate to a stenogra Ter
while she was present."
Mr.. Delmas again objected. saving
the purpose of the district attorney ap-i
was to contradict Mrs Thawl
and he could not properly interrupt
her cross examination for that pur- |
pose.
Mr.. Jerome argued the point at
some leneth. particularly in answer to
Mr.. Delmas' statement that collateral
estimony was not permissible in test |
ing the credibility of a witness
IF I could prove Stanford Whitet
was in Europe the night she saws she
vas drugged by him." declared Mr.
Jerome, that would be a collateral
,act. and L would not be allowed tol