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Show PLEADING Of THBW'S ! LRWYER MOVES MEMBERS OF THE JURY TO TERRS - ed little told man to swear that he was not acting as Evelyn Nesbit's attorney; that no legal action was contemplated in her behalf. He came here to tell you that Harry Thaw had beaten like a hound I the woman he loved. That is a thing ou I men know Thaw would rather have died than done. i I ! Hummel Is Flayed. ! "He swore he had never been attornev for Evelyn Nesblt, yet on the back of this very paper which lay before the District Attorney's eyes when this man was on the stand are the words. 'Howe Hummel, attorney for plaintiff." On the papet itself were these words. 'Evelvn Nesblt, plaintiff, versus Harry K. Thaw, ! defendant.' This man was perjured when I he told you that he was not her counsel; 1 perjured Iwhen he said he was not her , attorney:! perjured when he told you no ! action was contemplated in her behalf, j What was the reason for the drawing of this paper? It is simple. Miss SImonton i had returned from Europe and went to Stanford j White with the story Evelvn I Nesbit htd told her. He knew what he j had donei would eternally disgrace him if ! It became known, and might send him ! to prison j "He found Evelyn Nesblt as soon as she I returned. I He told her Harry Thaw was a bad man; that it was necessary for her protection that he be kept away from New York. He took her to Hummel s office, and what was his object? To get from her :by a cunning trick, a monstrous deception a statement which would keep Thaw from telling what he knew that ! would make trouble for White. In some way. I know not how. this paper was drawn up. Then Evelyn Nesblt was induced in-duced to i sign it, or to sign some other paper, without reading, it or knowing what wa in it. I don"t know whether it was this paper or not. Is this her signature, sig-nature, oe Is It a clever forgery or photograph? photo-graph? All I know is what comes from so questionable a source as to be valueless. value-less. It Is a trick. How the trick was done. I don't know, but that it was a trick I d know. "Upon Its face this paper proves the man who dictated it committed perjury on the stand. 1 know he is a , convicted felon; I know there are now two indictments indict-ments against him for procuring false testimony," To illustrate what he termed Hummers Hum-mers perfidy, Mr. Delmaa delved Into the history of the Dodge-Morse divorce case and explained to the Jury how the "discredited "dis-credited lawyer obtained false testimony In an effort to set aside a marriage which had been legally performed and which had resulted happily." "And you, gentlemen," Pelmas continued, con-tinued, "are asked upon this man's testimony testi-mony to make this child a widow by sending this defendant to an Ignominious death. the downward path, who told the girl that whatever she might be in the eyes of a sinful and debauched world, he knew her soul was pure. "He said: Yesf I know that your soul is pure; I know it was not your fault; I know you are an unfortunate and betrayed be-trayed girl; but come to me and I will protect you. About your form I will throw the strong arm of a man. I will fight the battles of life with you at my side. No matter what others may think' of you, I think you are an angel. To me you are fairer than Rachel at the well or Ruth In the fields.' " Juror Moved to Tears. Mr. Delmas halted his address for a few minutes at this point and sat down to rest. Juror No. 12 wiped his eyes with a handkerchief. When Mr. Delmas resumed he declared that there was documentary evidence to prove that Evelyn Nesblt told Harry Thaw the story of her downfall In Paris In 1903. He quoted at length from the letters Thaw wrote from Paris to his attorney, at-torney, Mr. Longfellow. The attorney declared that Thaw had no occasion to lie to his mother when he told her the story in Pittsburg after his return from Europe. In contrast to the mother of Pelyn Nesbit. Mr. Pelmas pictured the mother of Harry Thaw. He revlewel tho testimony she gave upon the stand and pointed to the love and affection she displayed for her son when he began to display that restlessness which culminated culmi-nated In the tragedy. He spoke In eulogistic eulo-gistic terms of her noble character and of the sacrifices she made to lighten the burden and ease the pain of her heartbroken heart-broken boy. Mrs. Thaw listened to the enpllments paid her without evincing emotion. Her children sat stolid a ever. Evelyn was unmoved by the attack on her mother, and, as a matter of fact, her features were Immobile throughout the duration of the argument. After paying his tribute to Mrs. Thaw, Mr. Delmaa rehearsed the evidence which related to the attentions which Thaw paid to Evelyn, laying particular stress upon that portion which referred to his visits to Pompton. where she was a pupil in a boarding-school. He spoke In the tenderest of tones of Thaw's visit to the girl's bedside when she was ill, of his deep concern for her when she was convalescing, and of his efforts to restore her to health. He declared that Thaw was then paying honorable court to Evelyn Eve-lyn and made her an honorable proposal of marriage soon afterward In Paris. Mr. Delmas read at length from the letters Thaw wrote to his lawyer. Mr. Ixngfellow, claiming that they proved beyond a doubt that Evelyn Nesbit had told him her story, and further proved that he loved her honestly and honorably and wished to make her his wife. He then called attention to the testimony of Mrs. Calne, to the effect that Thaw hsd. st the time Evelyn Nesblt -wss ill ! at school, asked her mother for the ! child's hand In honorable marriage. The Incidents of the European, trip In 1903 were next taken up, as showing Thaw's ! great love for Evelyn Nesbit. He traced this love as testified to by Evelyn Thaw and Mrs. William Thaw, down to the ! time of his wedding. Story Not Invented. ! "Does a man who loves a woman." exclaimed ex-claimed Mr. Delmas, "who has loved her for two years; who has lavished his whole being on her; who centered on her his happiness and his future; who wanted her for his wife does such a man. I saw ' invent a story which disgraces In his I mind and in the minds of the world the i woman he loves? Can any man tell vou I that Harry Thaw deliberately invented ' this most disgraceful and moat debasing story ever told? Gentlemen. I think I have established to your satisfaction that this story was true; that it is not a fabrication; fab-rication; that Evelyn Thaw's statement that she told this story to Harry Thaw in Paris in 1903 Is true. . "Against this, what Is there In this case? "Nothing except the testimony of Abraham Abra-ham Hummel. I do not wish to speak of that unfortunate man in terms any stronger than the stern exigencies of this case demand. It is a melancholy picture that of a man in the declining years of life, when the time Is approaching approach-ing when life's sun is setting, crowning a life strewn along its entire path with misdeeds, by one crowning act of infamy, in-famy, in resorting to perjury in an attempt at-tempt to deprive a fellow-being of life." Mr. Delmas read exhaustively from Hummel's testimony, pointing out wha he said were discrepancies In almost every statement. He first read what Hummel said about sending for a photographer to make a picture of the affidavit alleged to have been signed by Evelyn Nesbit and having the photographer come to his office. Then he read where Hummel denied sending for the photographer, or that the man had come to his office. "These statements," declared the attorney, attor-ney, "came from the lips of the same man upon that witness chair. They were uttered ut-tered under the solemnity ofhis oath, or whatever solemnity may attach to the oath of a felon a man convicted and under un-der sentence for perjury. One of these statements was a deliberate falsehood. Which It was I care not they probably both are false. "Hummel testified that he dictated this thing, miscalled an affidavit. He says he dictated It In his office in 1903 to a stenographer sten-ographer whose name or Individuality he does not recall. If he dictated it, if this is his work; if these are his .words, then he committed deliberate perjury here before you, and the evidence la here on the face of the paper. "To testify against the defendant It was necessary for Hummel that wretch- fronted him with It. It was then that White went to Mr. Hummel. White Saw the Danger. "That shows that Stanford vWhlte saw danger ahead and was ready to do anything any-thing to gain protetclon. Thereupon, as soon as Evelyn Nesbit returned, a paper was drawn up to which 1 will refer later. "Gentlemen, do you remember Christmas Christ-mas of 1903? Do you remember that banquet which Stanford White had arranged ar-ranged In celebration of Evelyn Nesbit's birthday? Do you remember that Harry K. Thaw succeeded in rescuing her from Stanford White's clutches, and that White went to the theater later and, flourishing a revolver, swore to take Harry Thaw's life before morning? "Things like these pay glowing tribute to Evelyn Nesbit's story." Mr. Delmas had a score or more of legal-cap sheets, to which he referred occasionally, and particularly when he came down to the actual argument as to the motive Stanford White had in pacing pac-ing money to Evelyn's mother and 'in sending Howard Nesbit to school at his expense. When Mr. Delmas had completed his denunciation of Stanford White, he launched into a merciless attack on Evelyn Eve-lyn Thaw's mother. He first recalled to the jury that in the early part of the ' trial, when the name of the mother was first mentioned, he stated that he would not cast any reflections upon her and held her guiltless, Believing her to have been the helpless victim of circumstances. circum-stances. "When I said this, gentlemen," Mr. Delmas continued, "1 wish vou to bear in mind that three things had not yet developed de-veloped that for years after this rape had been committed upon this girl, the mother received ?300 a month from the ravlsher; that the mother had given to the District Attorney a written statement by which he might torture the soul of her daughter, by which he might leave her aione in the world her father dead, her mother unnatural, her husband executed. exe-cuted. No Sympathy for 'Mother. "When I learned that every shaft aimed at her heart came from a quiver supplied by her mother; when I learned that it was the mother who was pointing out the sore and tender spots for the District Attorney to attack, and when I learned that the poor babblings of a girl In school her diary had been furnished by the mother that they might be used against her, I retracted, as I retract now, the statements which I made in behalf of the mother. "Oh! unnatural mother that she was, to desert her girl and leave her the victim vic-tim of the lust of thia gray-haired man; to receive for a year the wages ot her daughter's downfall; to wear diamonds bought with such money as this, and then to come now, in tha hour of her daughter's supreme agony, to steal away the life of her only protector. "Why, gentlemen of the Jury. beast firotects her young. I have even seen a Ittle bird watching over her brood of young In a dusty road, ruffle her brave little feathers until she waa twice her natural sise, and fly straight at a pointer who had come running up, until the dog stood abashed and respected the mother. "Oh! shame upon this woman! "Not content with what aha has already al-ready done, she would take away the life of the one human being who came as an angel into the Ufa of this girl upon t - . NEW YORK, April 9. In continu: ing his argument before the jury yesterday yes-terday afternoon, Attorney Delmas said: "Oh. Stanford White, who entrapped a t child who had no father, who had been I deserted by her mother, and was left I alone In a 'city of millions, had you imagined imag-ined tha. God would not hear that cry? , "Had you forgotten that retribution would be at hand? Better had it been for you that you died before that day, for then you might have died in the splendor of your fame, when your departure de-parture would have been deplored by your I family; when all would have attended t vour obsequies: before your name was a i.yword and before your genius had been an aggravation of your crime!" i I Mr. Delmas next went into a long discussion dis-cussion as tft whether It was true that Evelyn Nesbit had told her story to Thaw 'Vetertlng "o'tha atory of the wrong done Evelyn Nesbit by White. Mr. Del- mas recounted how White had poisoned ?,e rrtfnd of the frl by telling her that she hud committed no wrong. Knelt at-Her Feet. "When daylight came," the speaker rontinued. "he. the strong, big man. went ?o her apartments and knelt at tha feet of this child, kissed the hem of her gar- 1 ment and told her what ah. had done was not wrong, and that the only sin I wal to be found out. He told her that 1 if she would refrain from. telling her mother or any ope else, all would be well; her that all women were wicked. ! !that some succeeded In concealing their f vices ome were found out. I ' "And o be lured her again and again. 1 plied har with wine In the same den- of Iniquity or other that he kept, and their relations continued for a period of ev- "IwuS'lM you. is thi.'.tory true, or T U the story which ha been re-1 re-1 Tto you. the story which Evelyn nL Hold lUrry Thaw in June. 1903, ln"IIfarshe never told Harry Thaw these things, then when she appeared on the stand he was an untruthful Z Again, if he did tell thia story TnTIrrv Thaw wa It true? Did these Jinl. sheTto"ld'o7 actually, occur? That I lv did? you have many evidences. In 1 lyflrit rfiace. you have her testimony 'hat Yhey Id tak. P.J; ti-.n of her .tatements I beg to call your attention to yarlou things " ; dence Tou have watched her manner of testifying. From your experience as men of the world; you can tell whether or not this child, for child she Is today, Is a cunning actress, who was repeating a story she had learned and rehearsed. You saw her countenance; you saw how horror overspread it when she told that terrible story. Gladly she put herself In that plight for the sake of the one person In the world who loved her, the one person per-son she loved. You saw her strained fare, you saw her struggle to tell the truth. You saw her for days struggling through a cross-examination which has no parallel In this country or any other country. You saw her fight for days Inch by Inch against the man who had sworn to make her a widow. You saw her fighting against the arts that learned and brilliant man could bring to bear to break the tory. Evelyn's Story True. "You saw her undergo that terrible ordeal, but did you see her flinch, did you see her hesitate? No. Under the merciless cross-examination you heard from her unwilling hut truthful lips that her relations with Stanford White, once begun, continued until her nature revolted, revolt-ed, until God asserted himself. Do you need any more proof than that that her tory is true? If it were false, would it not have been easier for her to say that the relations were not coritlnued? But she told the whole story, the whole truth. "One other question I want to ask you. Why did Stanford White Just at that moment remove the mother thia child' only protector, as guardian upon her tender ten-der years, as sentinel on her tottering steps upon the slippery walks of New York? Why was the s mother sent to Pittsburg with money furnished by Stanford Stan-ford White? Why wa the young brother sent away to school, except to remove prying eyes? 'Another matter I call your attention to during the year following this terrible terri-ble event Stanford White contracted to pay Evelyn Nesbit $25 a week when she wa unable to earn a living upon the stage. The checks which are here in evidence show that many of them were payable to the mother. It has been figured fig-ured that the mothev received at, the hands of Stanford White in that year $3500 an enormous sum to thia Woman who had been living in mean lodging without enough to eat. The District Attorney At-torney will tell yod that Stanford White was then in straitened circumstances. Whr, then. I ask you, wa he paying Evelyn Nesblt' mother $300 a month?" Mr. Delmas then took up the story of Miss SImonton' return from Europe, where she had learned Evelyn' story. She went to Stanford White and con-t con-t - |