The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1907-03-16
SAY THAW WAS Sane
DELMhS DECLINES TO CROSS
EXAMINE JEROME'S ARRAY
OF ALlEklSTS.
EVELYN AND HUMkEL AGAIN CALLED
LATTER PERMITTED TO TESTIFY
TO A CONVERSATION WITH
YOUNG WOMAN.

New York, March 1G.-Delphin nj.
Delmas, leading counsel for Harry X.
Thaw, sprung a decided surprise upon
District Attorney Jerome by announc-
ing that he would not cross-examine
any Of the experts for the state.
Mr.. Jerome thereupon put five alien
lists upon the stand one after the 9TH
er and, claiming their familiarity with
the hypothetical questions put to the
experts for the defense and also Mr.
Jerome's 15,000-word exposition of the
evidence, they declared their opinion
that at the time Thaw shot and killed
Stanford White he knew the nature
and quality of his act and knew that
the act was wrong. Mr.. Hartridge.
for the defense, undertook cross-ex-
animation of DR.. Mabon by adding
certain details to Mr.. Jerome's long
hypothetical question.
DR.. Allan McLane Hamilton, who
has been summoned as a witness in
the case, had a conference with Mr..
Delmas and others of the Thaw coun-
sci before the morning session Of the
court. When Mr.. Jerome purposed
calling DR.. Hamilton he seemed intent
upon proving that Thaw suffered from
an incurable form of insanity. Then
came the discovery of the James
Clinch Smith testimony as to Thaw's
rational conversations on the Madison
Square roof garden and his roaming
about the place as If looking for the
man who became his victim and Mr..
Jerome's switch to policy of pressing
the trial to conclusion on the indict-
ment for murder in the first degree.
DR.. Hamilton has expressed the
opinion that Thaw was insane when
he saw him in the Tombs and re-
mains So
Mre. Thaw and HummeI Testify.
At the afternoon session Mrs. Eve
lyn Thaw was recalled to the stand
and to questions put by Mr.. Deimas
declared that she had visited Abra-
ham Hummel with view to having
his legal advice as counselor at law.
This was done In an effort to bar
Hummel's testimony sought to be In
troduced by the prosecution.
Hummel was then recalled and tes-
tilted, after an objection by Mr.. Del
mas was overruled, that Evelyn Mes
bit told him that Thaw had begged
her time and again to sign and swear
to documents he had prepared charg-
ing Stanford White with her betrayal
and that when she had told Thaw 1t
was not so he beat her. Hummel then
identified the affidavit Evelyn Mes
bit is said to have made in his office
on Oct. n. 1908.
The examination of Hummel pro-
ceeded with much difficulty because of
the continuous objections of Mr.. Del
mas, who now interposed the objection
that the prosecutor had not laid suf-
ficient ground for secondary evidence,
the existence of the original being in
doubt. Mr.. Jerome said he had asked
Mrs. Thaw about the original and she
denied ever having had it In her pos
session. Judge Fitzgerald overruled
this objection along with all the
others.
The regular afternoon recess OF fif-
teen minutes was ordered during Mr..
Jerome's examination Of Hummel.
Hummel identified the Photographic
copy Of the affidavit as having been
made from the original. Mr.. Jerome
then turned the witness over for cross
examination.
On cross-examination Hummel adj
mitted he had been convicted OF con-
spiracy, having been prosecuted by
District Attorney Jerome.