Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-03-14
.HUkN[L BARRED
FROM TELLING STORY.
Delmas Secures Favorable Rul-
ing Relative to Evelyn Nes-
bits Alleged Affidavit
ArroaMEys CLASH AGAIN
ATTORNEYS CLASH
AGAIN
Climax Of Sarcasm Reached in the
Contest for Vantage Ground in Thaw
TriaI-Jerome Tires of Being Ad-
dressed as Learned" and Delmas
Substitutes "lrritable Attorney"

Substitutes "lrritable Attorney.
New York, March 14.-After Abra-
ham Hummel had been called to the
stand at the opening of the Thaw trial
today. Delmas began his argument in
reply to Jerome as to the admissibillty
Of the evidence Hummel has to offer
regarding the affidavit Evelyn Neshit
is said to have made in his office. the
district attorney claims that this evi-
dence, il allowed, will tend to show
Evelyn Nesbit may not have told the
defendant the story which is said to
have made him insane. DR.. Allan Nc
Lane Hamilton, an alienist, who was
employed by Thaw soon after the
tragedy, hut who has now become an
expert for the state, was in court to-
day along. with other experts for the
prosecution. Jerome may call eight
experts II, ALL
LII UCSlilIliLS llo d1ilSiAe,i ADShAisNs'
touched first upon the point of the
professional relations existing between
Evelyn Nesbit and Hummel at the time
the affidavit was made. Hummel de-
MED yesterday that he was acting for
the girl, saying that he was employed
by White ard that no legal action was
contemplated in behalf Of Miss Nes-
bit.
I'VE still contend" said Delmas,
"tIat this witness was acting in the
capacity Of, attorney to this girl. 1t is
not for him by his word to deny such
a relation. However, we will reserve
that objection
Delmas then turned to the question
of the atlmissibility of Evidence con-
Trajectory to the statements of the
witness made out of court Delmas
referred to certain authorities which
were cited by Jerome yesterday, in
support Of the admissibility of such
testimony, and said that he was
amazed to find that one of the decis-
ions mentioned states exactly the re-
verse of what the learned district at
tornex arlnounced.a
Muaa of what the district attorney
saidSyesterday, Delmas declared, was
objectionable, but I allowed him to
talk of much that is not in the evidence
here, that might have been objected
to. because 1 am willing to trust to the
fair-mindedness of this jury, which is
my only protection"
Delmas, then took up the question
which Jerome asked Hummel, and said
that it is objected to, clause by clause,
and explained where, in his opinion,
each one was Objectionable The ques-
ton called for a reply from Hummel
as to what Miss Nesbit told him in his
office, as to whether she told him that
Thaw had stripped and beaten her, and
that the charges against White as to
her ruin were not true. Delmas brought
his argument to a close by asking that
the court rule out Hunners testimony
as improper and having no bearingg on
the case.
Jerome answered Delmas briefly
claiming that as-Mrs. Thaw's state
ments on the stand had been direct
and positive, he must be allowed to
controvert them.
After The arguments were concluded
Justice Fitzgerald said:
"The cases cited are not proper au-
thority on the question under consid
Grafton The objection must
tained."
Attorneys Clash Agar
This ruling seemed to bs /
Hummels testimony, but JeJ J.
ceeded to question him, and so ere
was dramatic clash with Del as.
cat the interview in your office"
asked jerome, "did Evelyn Nesbit,
prior to your debating anything, tell
you that she had told Thaw that it
was not true that White had drugged
and ravished her?'
Delmas was on his feet to object, but
before he could do so. Immediately af-
ter the district attorney had ceased to
speak. EIummel said in loud voice:
"She certainly did"
Delma.s looked at the witness with
scorn in his voice. and said:
And you call yourself a lawyer!"
jerome asked Delmas to address his
remarks to the court He further said
that he understood Delmas to have said
that he would not object to an answer
to such question as was asked the
witness. His assistant, Garvan, had
told him that Delmas had made such
a statement while he (Jerome) was out
of court
4 made no such statement declared
Delmas. Il specifically reserved the
right to object to any questions put
to the Witness"
Delmas TUNED to Hummel and said:
You heard me reserve that right,
didn't you?'
Il did" said Hummel
And the learned district attorney
head meg asked Delmas. turning to
Garyan