The semi-weekly messenger., 1907-03-22

hasay Upon the Stand-Finai Stage
of Triai Entered Upon by Introduc-
tion of First of Seven AIienists EN-
eioycd by Defense.
New York March 18.-When the
IaaU trial was adjourned this after
moon there remained but four expert
witmkxsH 10 be examined before the
saAang sf evidence closes Three ex-
pertH were disposed of today in little
aore thaa an hour, so it is generally
believed that the last word Of evi-
denoe may be uttered in the famous
sasa GSmorrow. In that event the
summing up by Mr. Delnlas for the
defense will begin Wednesday morn
mg District Attorney Jerome will
reply on Thursday Justice Fitzger-
aid raay proceed Immediately with his
aha1'ge TO tine jury or he may defer it
until Friday. Unless the unexpected
hagppens there should be a verdict
~ Friday night.
The case for the people was finally
eiot5ed to-day by the introduction Of the
au0h discussed Hummel affidavit,
wslfdh, with the consent of the de-
Stase, was read in full TO the jury.
The affidavit proved a surprise only
10 The alleged severity of the assaults
Henry X. Thaw is said to have made
ussoa EsFayn Nesbit during their trip
atWagh Europe in 1903, when, accord
@g TO the testimony Of Abraham
&HTnREea, Miss Nesbit would not sign
Sbabements which Thaw had prepared
ACCUSING Stanford White Of having
Ss1lgged and ruined her.
In this affidavit, Miss Nesbit charges
IbaW with having attacked her with
q oowhfde whip while they were stop
sdug at an old castle in the Austrian
1'yfoI and lashing her bare skin until
she beaarae faint from the pain and
swGOgled He repeated the attack the
ae~t day. according to the affidavit
and afterwards in Paris he beat her
at half hour intervals throughout one
entire day, leaving off only when she
weuld faint away and could no longer
Hnd derBtand what was happening
Miss Nesbit is alleged to have sworn
se@ bor her life and that Thaw acted
as q demented person during some OF
she assaults
The affidavit was in some ways a
direct contradiction Of HummePs re-
0auC testimony upon the stand. Ia
Q'ier that the defense might not pre-
vent him from telling the story of
tale making of the affidavit he stated
positively that he was not acting as
Miss Nesbit's attorney when he drew
up the document, that he was acting
seteiy in the interest Of Stanford
White and that no legal action was
contemplated in behalf of the young
waGaaR who is now Harry Thaw's
wifa.
Mere was considerable surprise
consequently when Mr.. Jerome today
read the opening words of the affida-
wit which were:
Supreme court, County Of New
York: Evelyn Nesbit, plaintiff against
E4zaIry Kendall Thaw, defendant. It
~ said the action contemplated when
the affidavit was made was the recov-
sY OF certain property which it was
alleged Tfaw had wrongfully taken
hega the girl. In debating the afi-
davit. Hummel referred to himself as
AEIss Nesbit's attorney, she being re-
seHted to have said:
Il have received certain letters and
sasiegrams from Thaw which I have
tarned over to my attorney, Mr. Abra-
isszR 81, Hummel."
The AFFIDAVIT is also endorsed Howe
amid Hummel, attorneys for plaintiff.
When Delmas began the intrOduc
tdea OF testimony in sllrrebuttal he
introduced first of all the record in the
Sriel and conviction of Hummel ON the
charge of conspiracy. He started TO
read the entire record, but he had not
reached the remarks Mr. Jerome
made at the sentencing of Hummel
and which Mr.. Delmas wanted to pre-
seat to the jury when Mr.. Jerome
said he would admit the entire record
without objection. Mr Delmas then
said he would save the district attOr-
news references To Hummel for the
Tense summing up
Next Mr.. Delmas put upon the
stand three policemen who saw Thaw
the night of the tragedy or early in
the morning after and they all dar
Sared that he either looked or acted
MTitationly. To two of them he COM
sfained Of hearing young girls voices.
The witnesses admitted on Cross ex-
t3rnTina atiOp that there ,wara eovaD