The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1908-01-28
Counsel Agree to Admit the
HumlmsI Testimony of
Former Hearing.
NO BLACKWELL'S TRIP
State Decides Not to Call Any
Experts on Millionaire Slayer's
Mental Condition at the
Time of the Tragedy
In New York City.


NEW YORK, jan 2S.--The Thaw
case progressed today to within few
hours of it's close, BY the time tho
noon recess was taken the State had
practically concluded it's case in re-
buttal, and the defense had only few
witnesses to call in sur-rebuttaI. The
summing up of the attorneys viii, begin
tomorrow.
District Attorney Jerome caused dis
tinct surprise by announcing that he
would call no expert witnesses to rebut
the testimony of the allenists intro
duced by the defense.
1t was said he would rely upon argu-
ing that a competent case of legal in
sanity had not been made out. His
move also prevents the defense from
calling the States experts of last year
in sur-rebuttaI to question them as to
their declarations before the lunacy
commission that Thaw was an incur
able paranaoic and likely to do violence
If allowed TO so free.
The proceedings were materially
speedcd by an agreement of counsel to
read to the jury the testimony of Abra-
ham n. Hummel concerning the afflda-
Wit Evelyn Nesbit is said to have signed
in 1903, charging cruelties against Harry
Thaw. as given at the last trial. This
arrangement obviated the necessity OF
holding court on Blackwell's Island,
where Hummel is serving a. sentence.
In return for the concession by the
defense Mr.. Jerome allowed the will
of the defendant to go in evidence.
The testament had been held up for
Nant Of proof as to its custody.
The will sets apart a sum of $4,000
Tor the purposes Of investigation in
case the maker should die a violent or
suspicious death.
The prosecution brought several wit
nesses forward to say Thaw seemed
rational the night of the tragedy.
The State began by calling several
eye-wltnesses to the tragedy, who de-
clared Thaw's conduct impressed them
as rational.
One of the witnesses was Warner
Paxson, engineer Of Madison Square
Garden. He said that just before the
killing of Stamford White one of the
performers on the stage made re-
duel.
was the performer who passed the
remark Harry Hudson?" asked Assist
ant District Attorney Garvan.
u don't know. Harry ,rhaw's shots
followed the remark so quickly 1
thought at first they were part Of the
play"
DR.. Francis Mcclure, the Toombs
prison physician, was called by Mr.
Jerome to testify as to Thaw's conduct
in Jail, hut his testimony was barred
out when Mr.. Littleton raised the OBJ
lection as to professional privilege be-
tween physician and patient.
Abraham Snydecker, former ern-
ployee of Howe & Hummel, who testi-
fled last year that he witnessed Evelyn
Nesbit's signature to the affidavit
which charged Thaw with cruelties,
next was called to the stand. The
affidavit was signed by Evelyn Nesblt
in the Madison Square tower when she
was in company with Stanford White.
Snydecker's testimony was objected
TO by Mr.. Littleton as immaterial, but
was allowed to go in by Justice Dowl-
ing When shown the Photographic
copy Of the signature, however, the
witness said he could not positively
identity 1t, although he recognized his
own signature underneath that of the
Nesbit girl. Snydecker swore that the
girl glanced through the document and
declared its contents were true. After
the paper was signed 1t was turned
over to Mr.. jacobson, another Hummel
clerk who went to the tower with the
witness.
Snydecker was confronted with his testi-
mony of last year and explained several
discrepancies by saying he remembered the
events more clearly this time.
Mr. Jerome here sprung q surprise by
calling Roger O'Meara.
Mr.. OMeara Is a former chief OF detec-
tive5 Of Pittsburg. oMeara has been o
prominent figure 10 the Thaw defense
work Mr.. Jerome asked him if he had
been connected with the Pittsburg detec-
tive force, and upon receiving an affirma-
I've renly said:
That's all.
Mr.. Ljttieton caused smile by saying
lie could not think OF any questions TO ask
the witness.
with the exception of the Testimony OF
Mr. IIummel. this Is all the evidence the
State will have to Offer" said Mr. Jerome.
1t had been rumored for some time that
the District Attorney would not call any
insanity experts on rebuttal, and this state
ment confirmed it.
Il was reported Mr.. Jerome would cen
lend in his summing up to the jury that no
competent case of melal irresponsi5ility
Under the law had been made out by the
defense. Another conference of attorneys
followed Mr.. Jeromes announcement
i finally WAS agreed that Hummels
testimony at the last trial should oe read
10 the jury and that the Thaw viii also
should be read. Hummel is now confined
IN the penitentiary on Blackwell's ISL
and, serving a sentence for subomation
Of periury. He was too III to appear in
eours and IL WAS at first proposed that
The court should 20 with the defendant
to the island 10 take his testimony. The
agreement OF counsel did away with the
necessity of making such "Trip.
BUTCHERS, Ann nuoernA,s :, s,,noit.a