The Washington herald., 1908-01-29

New York, Jan. 2s-The jury which is
to decide whether OF not Harry K. Thaw
was guilty Of the murder Of stanford
White heard this afternoon the last OF
the evidence on that score. Thaw's coun-
/ sci, Martin ". Littleton, will sum up to-
morrow. District Attorney Jerome VIII
make his final address to the jury on
Thursday. 1t IS possible that Justice
Bowling may charge the Jury on Thurs
day night.
No experts were called BY Mr. Jerome
in rebuttaL Evidently Mr.. Jerome Is GO
ing to let the jury decide on Thaw's
sanity. About nine witnesses we're pro-
duced by Mr.. Jerome to show that when
Thaw killed White he was rational.
/ The testimony of Abraham H. Hum
mel at the last trial was read by Mr..
Jerome with the consent Of Mr.. Littleton.
| This was done after Mr.. Jerome had con-
! sented to the reading Of the will made
/ by Thaw when he married Evelyn Nes-
/ bit. The compromise disposed Of the trip
/ 20 Biackwells Island to take HummeTs
/ testimony.
LittIeton Reads Testimony.
/ When court resumed after luncheon A1r.
Jerome took the witness chair. out not
| to testify-merely 10 listen while Mr.. Lit
/ Teton finished reading the eross-examina-
/ tion cf Abraham Hummel al the first trial
/ by Mr.. Delmas. This part Of the cross
/ examination referred mostly 10 what
Hummel did with the affidavit he said
/ Mss Nesbit made. It concluded with Mr..
/ Delmas' questions about HummeFs prose-
cution by the district attorney on the
! charges Of conspiracy, for which Odense
Hummel is now serving a term on Black
wells Island.
With that Mr. Jerome offered in evI-
/ dence the carbon copy Of the last page Of
/ the disputed affidavit and what the prose-
eution says IS a photograph of the or
/ iginal last page, which has disappeared.
/ Mr.. Littleton vigorously objected on the
ground that this evidence offered IN re-
buttal did not rebut anything hitherto
| testified to IN this trial But Justice
/ Dowling overruled him and # went IN.
/ together with the whole affidavit. made
/ up partly Of alleged original pages. a
/ carbon copy Of an alleged original. and
a photographed signature which Evelyn
/ Nesbit Thaw says was a photograph Of
| her signature made not TO the affidavit
/ but to some other business paper she
signed for Mr.. White
Denies She Gave Data.
This affidavit IS dated March q. 1905
! three days after Evelyn Nesbit returned
/ from Europe. where she had been travel
/ ing with Thaw. The contention Of the
! prosecution is that she made it at Whites
/ instigation in order to give White a
weapon with which 10 keep Thaw away
! from New York. Young Mrs. Thaw has
always contended that she never made
the accusations against Thaw that are
contained in it. She says that she told
/ Hummel that she and Thaw had been
together in Europe. but that he wrote
in Tot Of stuff that she never said
and which was not true.
! Whatever may be the truth Of Evelyn
Nesbit Thaw's charge against Stanford
| White, there seems now 20 be not the
slightest doubt that when she testified
in both trials that she told the story to
Thaw she testified truthfuly. Thsw's let
ter 10 his lawyer, Frederick " Long
fellow. written in Europe at the time
and produced in evidence at this trial.
demonstrates this fact conclusively. To
this extent all the efforts of the district
Iattorney to discredit the testimony of
{ Thaw's wife have met with total failure.
| Mr. Garvan. after conference with
Mr.. LittietOn, then made this statement
to the court;
1T IS conceded by counsel for the de-
! fence that at the Cafe Martin the night
before Stanford White was killed. Mrs.
Evelyn Nesbit Thaw, Harry X. Thaw.
Thomas McCaIeb. and Truxton Beale
were present at dinner and that three
cocktails and two quarts Of champagne
were ordered By the party
Jerome Rests Case.
! This concession was made 10 avoid the
| necessity Of calling 20 the witness stand
the waiter who served the Thaw party
at the Cafe Martin. It was then Just 3
clock, and Mr.. Jerome Immediately said:
THE people rest"
Mr. Lttleton then put into execution
that part of the stipulation relating 10
the admission Of the will Harry Thaw
made on the day when he married Eve
lyn Nesbit The codicil 10 the will by
which he left certain SUMS for the pur-
pose of supporting certain girls whom he
said Stanford White had abandoned was
already in evidence. but the body of the
will had been exluded because the court
held that il had not been properly iden-
tilted.
Al of this viii was made part Of the
evidence offered at the first trial. with
the exception of the names of a number
of persons whom Thaw described as his
friends. and to whom he bequeathed the
sum of $500 each, THESE names were read
to-day along with he rest of the will.
When Mr.. Delmas ad it last March he
was careful TO say Ir. Blank" whenever
he came to one of these names Aside
from relatives, theiA are the names OF
the 500 benetieiariQr named by Thaw,
each one being preceded by the words
/ My Friend"
i Rev. DR.. S. II. Kellogg, now in Can
ada; Rev. DR.. W. NcEwen. Of Pitts
burg; John Barkley de COurcey, of Phil
adelphia: Mrs. c. B. Alexander, Of New
York City; William s. Sturges, Of New
York Ciry: Mrs. Belle Gebnard Nelson.
of 100 Fifth avenue New York City; Miss
Josephine Johnson. Of 416 Fifth avenue,
New York City; Mrs. Mary Scott Town.
Continued on Page 8, Column 7.