Evening journal., 1907-02-26

"In 1901 or 1902"
"WhereT
Il do not remember"
"You met her before you saw her IN
your officer
"Yes." said the witness
Did she come 70 your office on October
a. 1902"
1T was the latter part Of 1903"
Il hand you the peoples exhibit 76. Does
this document refresh your memoryT
yes"
The document was Photographic copy
Of the affidavit Evelyn is alleged 20 have
made in Hummols office telling Of
Thaws alleged cruelty and exonerating
White.
Jerome was checked for the time being,
however. in contradcting Evelyns YER
sion OF the affidavit she had made 20
Hummel by Delmas, and after few
questions he withdrew the lawyer from
the stand. Delmas piled objection after OBJ
lection IN the prosecutors path which
Justice Fitzgerald sustained. Jerome
showed his chagrin, but the legal ob-
stacics were unsurmountable for the mo-
ment and he had to give way. Delmas
held that Jerome could not try to contra
/ dict Evelyn on collateral facts connected
with her testimony at this stage Of tho
trial when her own cross-examination had
only been suspended TO allow the proving
OF the affidavit which Evelyn had repudi-
ated. This contradiction must come. II at
1ll he argued in tho states rehutt'l.
Ibid YOU havc talk uth Evelyn Thaw
7 ON her VISIT 20 your office On October a
Hay asked Jerome.
YES"
/ ID she make stat ment 10 you VIII CT
YOU dictated to a stenographer in her
presencey'
YES"
ION the next day did either snydeckeI
I or Jacobson. your assistants. give you a
! naperg Is that a carbon copy Of the paper
Delmas was up with an objection. n,
held that until the destruction of tho
original had been proved this secondary
evidence OF its existence was not admls.
sible.
Justice Fitzgerald upheld Delmas.
What became Of the paperi"
Again Delmas was sustained in an oh.
lection and chrome pursued.
Did you give that letter to Evelyr
Thawr
II maintain. your honor this is not
proper" exclaimed Delmas Mrs nhav
las said she did not receive the paper
from the witness. I submit the only OBJ
iect Of this can be 20 contradict Mrs
Thaw, and that such action is not permls
sible at this time"
/ Hie was sustained. while Jerome chawed
when did Mrs. Thaw next come I,
your officer
Delma's objection that Evelyn had al
ready said her next trip 10 Hummolrs Of
flee was in june. 1904 as nearly as shi
could remember end that the question
could only be meant to contradict her
was sustained
TT she is TO be contradicted" " Delma,
insisted, 1T must be done on rebuttal"
Jerome hesitatcd. Hc had been baked
Then he excused Hummoll and calle
Abraham Snydecker
He asked Hummel to remain within
lean. intimating that he would recall
him and make another effort to ge
the affidavit in evidence.
Saw Girl Sign Paper
Abraham snydeckcr took the stan,
and said he was a clcrk
Were you in the tower at Madison
, Square Garden on october %, 1902
asked Jerome.
Yes"
Did Evelyn Nesbit Thaw sign
paper there in your presence?" asle'
the prosecutor
"Yes"
He was excused
Jerome produced letter OF Thaw sen
according TO agreement to Clerk Penn,
by Banker Lyon. Of Pittsburg The
were written before the killing O
White
The seals OF the envelope had bee
, broken I'm spite Of the fact that IL wa
addressed to Mr. Penny Jerome ex
J planned that the seals were inadvert
entity broken by his assistant Delma
was on his feet. flushed and angry. II
, declared that the agreement had bee
violated by the breaking Of the SEAL
Delmas showed his determination t
! make the point clear by reading a let
I ter from Mr.. Lyon. explaining his in
, slructions 10 Mr. Penny about openin
: the envelope.
Evelyn Reads From Diary
Evelyn Nesbit Thaw was then calle
5 to the stand and a leather-bound gilt
edged book handed 10 her to examin
= the writing in IT,
D did YOU write an Of it?" asked Je
s rome.
}. "She spent ten minutes reading tn
book and finally said:
7 II think ! did"
e rs Il a diary kept by you IN 1902 ?
o. asked Jerome.
1T viii show for itself what il is.
q put In Delmas
After Delmas had finished his read
ing the diary was handed to Jerom
10 who skipped through it. reading ex
y cerpts which tended to show the stat
i lof mind OF the writer at the time sh
y wa sat school at Pompton. IN the IA
" or 1902.
= Various paragraphs were as follow.
" Mrs. Mills was very nice. She sal
Jump right in and jumped with a
~ the agility Of a soubrette and <,
shot CO."
81 met Mrs. Mills son. ana I mu
g admit that ne was a pie-fared mutt.
'e y was shown to my room. II wa
&c neither large nor small and there WI
a virtuous white bed"
I took a nap and the last thing
remembered was wondering how far