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Show signed a paper for Stanford WhUa without with-out knowing- what was In It. Later sh told Thaw about hep Interview with Hummel, Hum-mel, and then, remembering that he had signed a paper for White, went to him and demanded that It be returned to her. White took her to Hummel's office, and sha was ahown her algnature to a paper, ' which was afterwards burned in her prea-ence. prea-ence. -She waa unable to state positively, . however, that it was the affidavit making- charges against Thaw, but aald that she did not remember signing another paper". - District Attorney Jerome baa a photographlo copy of the paper. Since this paper waa drawn Hummel has been disbarred, and is under indictments indict-ments for incidents connected with a divorce di-vorce case in which he was one of the attorneys. In addition to Hummel, Jerome, Je-rome, it. was thought last, night, proposed pro-posed to place on the stand the stenographer stenog-rapher who wrote the affidavit and the nojtary before whom it is said to have been sworn to. In this way an effort waa to be made to get the photographlo copy of the document before the Jury. Jerome Je-rome has, however, put practically Its entire contents into the case by reading from it and asking Mrs. Thaw if she did not make each statement contained In it to Hummel. After the affidavit was Identified and admitted in ' evidence, Jerome was ex- Eected 4o ask a few more questions of Irs. Thaw regarding It, and then, he announced, he. would be through with his cross-examination. But this would not relieve Mrs. Thaw from the stand. The defense was expected to spend some time In re-dlrect examination, attempting, to annul the effect of any admissions she may have made on her cross-examination. After that, Jerome will have another opportunity op-portunity to cross-question her on new matters which may be brought out on the re-direct examination. NEW YOBS,. Feb. 26-Tet another detail of the evidence which the Thaw defense has is store, and which has become be-come known is the testimony of Mrs. William Thaw, mother of the,def endant, who will be called to the stand early next week. Concerning this' testimony, one of Thaw's counsel said:, - "It will show that Harry Thaw was doomed from his birth. ' The elder Mrs. Thaw, it is said, will testify, to a great shock, to which she, was subjected a short time before the birth of Harry Thaw, that at the time almost drove the mother crazy, and which, expects will declare, produced a marked effect upon the mentality of the son. Mrs. Holman Will Testify. Mrs. Charles J. Holman, mother of Evelyn - Nesbit Thaw, it is now said, will go on the witness stand for the prosecution, but aa was predicted, Howard Nesbit will not be called. The situation with regard to the ap- ? ointment of a lunacy commission is his: The State is proceeding on the theory that Thaw is now sane and .has always been sane. The defense, of course, contends that while Thaw was insane -at the time he shot White, and for a period of two years previously thereto, -he has since fully recovered his mental balance. The only' reason for the appointment of commission at this time, or at any time before the case is given to the Jury, would be on the production of evidence evi-dence that .Tfiaw la mentally unfit to advise with his counsel as to the conduct con-duct of Ms defense. That is the law of the State. All of Thaw's attorneys' Insist, that their client Is perfectly able now to consult with them. That, in Itself, is sufficient to put an end to talk of a lunacy commission. Persistent rumor that such a commission commis-sion was to be appointed, however, car ried with it an intimation that Jerome was not to ask for a commission, but would have the application made by some one outside, by a friend of Stanford Stan-ford White, to prevent further disclosures disclo-sures in the case, or by a member of the Thaw family. Jerome is Tight Box. v In the first place, Jerome cannot make an application for the appointment appoint-ment ef a commission unless some member of the defense's advisers, one of counsel or an expert alienist, declares that Thaw is now insane. But aside from that, there must be sufficient evidence evi-dence of insanity to convince the trial justice, who alone has the power to appoint ap-point a commission, that the defendant defend-ant is insane. Well, it .happens in this particular case that no physician has made any examination of the defendant except the experts who have been called in his behalf. Asd none of them has examined exam-ined for a period of two months. They swear that while he was Insane at the time he shot White, he has since recovered recov-ered his reason. It was pointed out today that in' the Bhinelander case, which came before the courts. in 1884. the relatives of Bhinelander, who bad shot a woman, joined with the District Attorney in an application -for the appointment of a commission in lunacy, which the trial Judge granted. Former Jndge Curtis, howeveV took the matter before the Court of Appeals, where it was decided that the defendant being then able to consult rationally with his counsel upon up-on his defense, no commission was necessary. ne-cessary. Counsel for Thaw declare that there are also other precedents against a commission. It seems clear, therefore, that unless Jerome succeeds In trapping one of the experts for the defense into a declaration declara-tion that Thaw is now Insane, there can be no commission. Certainly, Jerome's own experts cannot be relied upon to secure a commission through their statements, since none of them has ever been able to examine Thaw at a closer distance than thirty feet across the courtroom. Not one of them has ever touched Thaw or exchanged a word with him. All of the talk about a lunacy commission com-mission has resulted from the manner in which Jerome has met the attempts of the defense to get into the evidence the conversations that Thaw had with the experts who examined him. He repeatedly re-peatedly offered to admit these conversations conver-sations if the defense would concede that Thaw was insane at the time the experts talked with him. Dalmas Made Clever Move. Mr. Deltnas, after exhausting every other means of getting the conversations conversa-tions before the .iury, at last made the concession demanded by Jerome, but in a manner which entirely upset the calculations of the prosecutor. He drew from Dr. Evans, first, a statement that at the time of his first three visits to Thaw, or until October of last year, the prisoner was insane, but that the succeeding suc-ceeding five visits showed a. gradual return re-turn to sanity. Then Mr. Delmas fixed the time of the conversation as during the first three visits. The move will enable hrm to get before be-fore the iury all of the conversations and greatly strengthen his case. It will be much easier for a jury to believe that Thaw was crazy when he shot White and continued in an insane condition con-dition for three or four months, thereafter there-after gradually recovering his reason, than that he was insane only at the moment mo-ment he fired the fatal shot. |