New-York tribune., 1907-04-09

my assertion" Then he took up the matter of
the Photographic copy Of the Hummel affidavit
He said that the photographer was one that
Eummel knew and one for whom he sent
Quoting from Hummels testimony he pointed
out where the discredited lawyer had abso-
lutely contradicted himself several times while
or the stand. He continued:
Could there be anything clear than the
nrst statement Of HumneI in regard TO his having
given the affidavit 70 the phoIosaspiser: bSaat in
Hummeis testimony. Then the same W!ILless "eLo I
opposite story IT can't be the truth that he old
and That he did not send Tor tnS beI
the paper That was upon ms sworn tT 13e
the oath of convicted feion Is WortIi .G Se
the stories is false: which it is care not they
II fhis thing wrongly called an affidavit die
tated by Abraham ii. Hummel in his once, a thei
ne 1e and could not but know that
truth OF the perjuTer was open oeIoTe MS o'i'i"i
Before the lips OF Abraham Hummel could 3q6. be be
was nor acting in an official capacity for her. In
order that this wretched old man could testify y
swear that he not acting for her Hence ae so
There was no action contemplated She did not
consult me in any professional caPaclty I W1S nJ'
i he IS 70 be believed at all in the presence GS.o OF
Evelyn Nesbit in his own once oielasSh s SIaTS 1S
from the said Thaw which ] have delivered TO my
Who dictated these words? This same Abraham IT,
HumInel. II is. who swore upon the stand thaI ne ne
out Derjurer upon his own words-a perJurer ny
his own mouth
ENDORSEMENT ON "AFFIDAVIT."
That Hummel committed perjury when h. he sWoFe
that he as not the counsel for EneiXn M HesI' Ta ds 1
the paper-of this afidayit-which reads: Howe &
Psn E1en Ne5S 5SF fs
I'm the Supreme Srrt State OF & New aofk oti0r ye we
ever contemplated And on the strength Of SUCH hs
(pointing at young Mrs. ThaV) Of perjury.
Mr. Delnias then turned to the time OF Evelyn
Nesbirs return from Paris in the fall of 1908,
He repeated her testimony that White had taken
her to Hummels office. Continuing, he said:
efsoeS 80 that by a monstrous deception
10 get from her something about, herself
etforts.S should they bring any action against
h she PsF % sa % sep Is snf This % the m
I don't know, Is this her signature? can't ten:
Nv a5iiify to detect frauds Of a convicted feion
need not keep pace with his ability TO perpetrate
them.
HUNDIEIs RECORD REcITED.
Mr.. neimas rehearsed Hummels record and
told OF his disbarment far hack as 1860 and
of his recent conviction for bribery in connec-
tion with the Morse-Dodge case.
And this umnsl NJ ID aia for money IIs broke Into
s s edn q % Il R and a r & S Hnd s
man, this Psrjurar. dictated affidavit that this
loved the very ground on which she stepped swore
that he had whipped her cruelty end mercilessly
think I have disposed Of the afldavtt Of Abraham
IT, Hummel.
1t was half hour before the regular hour of
adjournment when Mr. Delmas ended. but he
could hardly speak above a whisper. and re-
quested the indulgence of the court, Your
honor crave that indulgence" he said. "If II
is granted, will tomorrow morning enter upon
new line Of argument, and expect to COM
plete my summing up by noon"
District Attorney jerome not In court dur
ing any of Mr. Delmas's address. delegating his
duties TO his assistant. Mr.. Garvan. and occupy
ing himself IN the preparation OF his own sum-
ming up. Mr.. Garvan had no occasion TO IN
terrupt Mr. Delmas
COURT APPROVES LUNACY REPORT.
The morning session of the court was brief
All OF the Thaw family were early in the court
room. and when the case called, and the
jury had entered. District Attorney Jerome ad-
dressed the court follows: las am not per-
mitted TO know enough of tho evidence upon
which to act judiciaiy counsel for one of the
parties litigant whom l represent. must throw
the responsibility upon the court unaided by the
u4llSul OF Counsel can Only say llaI from
what 1 am permitted 20 know Of the evidence
think the court should not approve the report
Of the commission"
Justice FitZGeralds reply was brief: "The re-
port Of the commission is approved and affirmed
and the trial is ordered continued"
Mr. Denss then called Dr. Allan McL.ane
Hamilton 10 the witness stand TO continue his
examination where it rested nearly two weeks
ago, when the commission was first broached
He was asked a question regarding his exam
nations OF Thaw, and Mr.. Jerome objected.
saying il reOPened the case again. The court
sustained the objection after some argument
Mr. Delmas was summoned by Thaw. who con-
ferred with him animatedy for some minutes,
and then Mr.. DeImas announced:
with your honor's ruling if you please. We
rest"
TO KEEP JURY TOGETHER
Justice FitzGerald announced that he thought
it best TO keep the jury together from that time
until the end of the trial He desired that the
case proceed. but Mr.. Delmas requested a delay
until afternoon. The court demurred but the
District Attorney suggested that it might work
a hardship on the jury II they were locked up
without preparation an opportunity to look
out for their businesses, and suge sted that both
the jury and the court take a recess until .
o'clock. Justice FitzGerald acauiesced. When
the twelve men returned in the afternoon and
went to the jury room thew carriad haze a,a