Milford chronicle., 1907-03-22
THAW LASHED
EVELYN NESBIT
Beat Her With Whip Because She
Defended White.
THE TRIAL NEARING AN END

New York, March 2O.-By prolong-
fng his cross-eXaminatiOn of one OF
0he seven alienists introduced by the
defense to testify that Harry K. Thaw
was insane when he shot and killed
Stanford White. District Attorney Je-
rome made it impossible for the de-
tense to finally close its case Tuesday.
When adjournment was taken there
was pending only the matter Of the ad-
mission of a letter written by Thaw to
J. Dennison Lyon, a Pittsburg banker,
which Mr.. Delmas said would help to
fix the young mans state of mind be-
fore the roof garden tragedy, and the
likelihood that Evelyn Nesbit Thaw
would be called briefly to combat the
testimony of Abraham Hummel.
District Attorney Jerome limited that
an important witness for the prosecu-
ton might reach the city. The chances
are, however, that a half days session
will be sufficient to conclude all the
testimony that is to be offered by
either side An adjournment then will
be taken until Thursday morning,
when Mr.. Delmas will begin his sum-
ming up speech. He will have all Of
Thursday to himself, and Mr.. Jerome
will reply on Friday. Justice Fitzger-
aid may charge the jury that evening
or he may for the first time hold court
on Saturday in order to conclude the
case before the week ends.
With the exception of the last few
minutes OF the session, the entire day
was given over to expert testimony
Mr.. Jerome occupied all of the morn
ing session with his cross-examination
of DR.. Smith Ely Jelliffe, who said he
believed that Thaw had been insane
for more than two years and a half
preceding the homicide. Drs. Charles
w. Pilgrim, Minas Gregory Charles
G. Wagner and Britton D. Evans an
swered the prosecutions hypothetical
question for Mr. Delmas and gave it
as their opinion that Thaw's reason
was so defective when he killed Stan
ford White that he did not know that
the act was wrong.
The case for the people was finally
closed by the Introduction of the much
discussed Hummel affidavit, which,
with the consent of the defense, was
read in full to the jury. The affidavit
proved a surprise only in the alleged
severity of the assaults Harry K.
Thaw is said to have made upon Eve
lyn Nesbit during their trip through
Europe in 1908, when, according to the
testimony of Abraham Hummel, Miss
Nesbit would not sign statements
which Thaw had prepared accusing
Stanford White of having drugged and
ruined her.
In this affidavit Miss Nesbit charged
Thaw with having attacked her with
a cowhide whip while they were stop
ping at an old castle in the Austrian
Tyrol and lashing her bare skin until
she became faint from the pain and
swooned. He repeated the attack the
next day, according to the affidavit,
and afterward in Paris he beat her at
half hour intervals throughout one
entire day, leaving off only when she
would faint away and could no longer |
understand what was happening. Miss
Nesbit is alleged to have sworn in the
affidavit that she was in daily fear for
her life and that Thaw acted as a de-
mented person during some of the as
saults
The affidavit was i'll some ways di-
rect contradiction Of HummePs re-
cent testimony upon the stand. In or
der that the defense might not prevent !
him from telling the story of the max
ing of the affidavit he stated positive
ly that he was not acting as Miss Mes
bits attorney when he drew up the
document; that he was acting solely
IN the interest of Stanford White and
that no legal action was contemplated
in behalf of the young woman who is
now Harry Thaws wife.
There was considerable surprise
consequently when Mr.. jerome read
the opening words of the affidavit,
which were:
supreme Court. County of New
York:
Evelyn Nesbit, plaintiff, against
Harry Kendall Thaw. defendant"
When Mr.. Delmas began the nitro
duction Of testimony in sur-rebuttal
he introduced first Of all the record in
the trial and conviction of Hummel
on the charge of conspiracy. He start