The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-03-15

ciGc slope will address himself to the
court we will make better progress"
would tend to shorten The record.
III the irritable District Attorney pre-
iers' j VIII refrain from ascriblng to him
! the qualities he so Scornfully rejects,
said Mr.. Delmas.
Hummel's Answer Stands.
! Mr. Delmas first moved that .Iercme's
! question and Hummers answer be
| stricken from the record. and Justice
| Fitzgerald seemed about to order that
dom. done When !.1 Mr. pemas again arose and
! duct of tho District Attorney, this ques-
| tion and answer are In the record, Let
them stand. I waive my right"
Mr.. Jerome wanted TO know II the mo-
| ton 10 strike out was withdrawn.
The answer is already with the jury,
why should II be stricken Out? I with
Did Evelyn Nesblt say to you that
Stanford White with having druggcd and
sisted upon her signing them. but that
/ she told Thaw she would not because
tho statement was not true2" asked Je-
rome
Mr. DeImas objected upon the ground
that the question was repetition OF the
one already ruled out by the court.
Mr., Jerome read from the record the
, examination which he sought to rebut
Mr. Delmas renewed his objection and
said 1t was based largely upon the
ground of manifest misconduct" on the
part of the District Attorney
Justice Fitzgerald said that the ques-
lion ruled out included portions Of the
Mr., Jerome cited additional decisions
TO uphold his view
Mr Delmas declared that the mere
fact that Evelyn Nesbit had refused 10
sign documents for Harry Thaw was
not evidence that she had not made the
statements 10 him, He also objected
| To the question put to HummeI rrpon the
ground that he was acting as Miss Mes
pit attorney. In answer 10 ono of the
questions put TO him yesterday Hummel
said Evelyn had called upon him In bis
professional capacity. He declared i'm
nediately following, however. that in
drawing up the affidavit he was acting
for White.
Thaw herself had waived the right of
personal privilege as between herself and
l1ummel by stating upon the stand her
version of the interview with the law
yer.
"The learned District Attorney
knows. interrupted Mr.. Delmas, that
Mrs. IhaW was not at that time stating
any historical fact. but was testifying
merely as TO what she had told her hus-
band
There is no evidence here" said Mr..
Jerome. that lIummel ever WAS attor-
ney for Miss Nesblt. On the contrary.
we have the oath Of the witness that he
was not SO acting.
Answered Both Ways.
"Ie has answered both ways. accord
ing to the record" said Justice Fitz-
gerald
Mr.. Delmas said
stanford White told Evelyn Nesbit he
was taking her to see Hummel in order
that Hummel might protect her from
Harry Thaw, Protect her. how? AS a
man or as Il lawyer?'
Mr., Delmas asked leave to put Mrs
Evelyn Thaw upon the stand To testify
that Hummel acted as her attorney.
MIR Jerome demurred To this at first.
and then said he would not object il the
witness was called to the stand before
recess and cautioned not 10 discuss her
testimony with any one.
DO / understand the District Attor-
ney TO imply" said Delmas. that there
Is anything Improper in counsel confer
ring with witness"
Justice Fitzgerald was about 10 order
the recess when Jerome interrupted to
say that all of the experts engaged by
the State were in court today and he
Iiummel and postpone hearing Mrs
Thaw until the experts had testified.
Mr- Delmas consented. and a recess
was ordered until p. IN.
When court convened this afternoon
Mr.. Jerome called upon six OF his ex-
perts 10 be sworn. These were Drs
Flint. Hlrsch. Diefcndorf, Mnbon Pritch-
ard and Ferris. After all had taken the
oath. Mr.. Jerome directed DR.. Flint to
take the stand
Mr.. Jerome said he intended to quail
fy each witness as 10 his ability 10
answer the question and would then line
up the six alicnists and read the hypo-
thctical question To all at once.
Mr.. Delmas said he was given the
question only this morning. and had not
had time TO go into it. lie was not pre-
pared TO plunge into The cross eXamIna.
ton at this time
MIR. Jerome said that he would Insist
that each witness he cross Eau!ined be-
fore the next was called.
Dehmas Gets Stubborn.
Mr.. Delmas said he would refuse TO
go into any stipulation whatever I'm re-
gard 10 tho examination of the wit
ncsscs.
Mr.. Jerome then said he would have
to read the question TO each witness
separately. First however, Mr.. Jerome
said he would read the question asked
the experts for the defense by Mr.. Del
mas, and call for an opinion from his
aliensts on that question
DIR. Flint stated his qualifications as
an expert. who lad for twenty five wears
made n specially OF mental diseases and
had many times testified as an expert
MI jerome then began 10 read to the
witness the hypothetical question which
MI. Denas had submitted TO his experts