Show 8 ASKED FO FOR aj new york march 16 henry ilear y 0 I 1 of counsel for thaw made an rp application at the supreme court today for several additional subpoena subpoenaed es in the thaw case he declined to make r known the names of the witnesses 4 wanted 0 continued on page four ur 1 THE END IS IN SIGHT continued from page one ABE HUMMEL TELLS OF ALLEGED AFFIDAVIT delmas makes hummel admit that there were two indictments pending against him trial adjourns till monday new york tork starch 15 with attorney delmas fighting bim him every inch of the he way district attorney jeromo today secured from abraham hummel his complete story as to the affidavit which it ft is alleged evelyn made in tho lawyers office in charging harry K thaw with beating beiting her when she had told him that the statement that stanford white had drugged and ruined her was not true mr delmas first objected broadly to all 0 of f hummels testimony offered a specific 51 ciale objection to each question put by the prosecutor justice fitzgerald overruled every objection and mr delmus made exceptions I 1 evelyn called to stand evelyn nesbit thaw was called to the stand in the effort of ani defense to keep hummel silent sho she declared that she had called upon hummel in bis his professional capacity and to seek his advice asa as a lawyer stanford whiter had taken her to lo the lawyers wi with h that end in view austice justice fitzgerald declared thai that admitting the proposition of counsel and client tafts thaw herself had waived the professional privilege by taking the stand arly early in the case an and d giving her version of what transpired at hummels the bond of secrecy once removed could bould not be re dished delmag goes aate hummel unsuccessful in blocking hummels testimony attorney delmas in cross examining the witness brought from his own lips the tact fact that he had been in december 1905 on a charge of ot conspiracy sp iracy in the samo sarno courtroom in which thaw thom lp ip being tried he ile faither admitted that two indictments for subornation of perjury are pending against him and that ono one of these indictments charges him with having caused a false faase affidavit to bo be made mr jerome protested against the witness being dragged through the humiliating details of his trial but justice fitzgerald declined to inter fero fere then mr delmas asked hummel it he had not heard the speeches made by district attorney jerome ahei sentence was about to be imposed when air mr jerome urged the court to pass the longest and heaviest sentence within its power upon hummel as he had been a menace to the community tor twenty years justice fitzgerald finally sustained an objection to this and hummel ws was not compelled to answer jerome pres pressing sing case against abe mr delmas wanted to know it if hummel had bad any more recent transactions with the district attorney and aried if mr jerome was pressing the case against him he ile certainly Is said the witness wit ness with spirit hummels testimony in briet brief was to the effect that evelyn 1 nesbit told him among other things that thaw had beaten her when she refused to sign papers he be had prepared charging stanford white with her betrayal that ne had dictated a statement to a stenographer in the presence of miss nesbit and stanford white that ho he the affidavit io to two of his clerks to take to miss nesbit in the madison square garden tower and that the next day the paper waa was return etu 0 fl to him with evelyn sig signature mature he no kept the affidavit until miss mies nesbit called one day ant and demanded it ho lie refused to give it to her ber and t turned arned it over tp to stanford white advising nim to have a photographic copy made hummel contradicts himself hummel first said he had himself arranged for photographing the affidavit and that the photographer came to his office A few moments later hoNe ho ever vcr he completely contradicted himself on this point saying he did not make the arrangements that the photographer did not come to ty hla his office and that ho he had not BO so testified after stanford Star Jord white had the copy made he returned the original of the alli affidavit davit the photographic negatives and the prints made from the negatives to hummel who today that he subsequently delivered thel th original affidavit to miss I 1 iss nesbit and has not seen it since abraham one of hum ilum mela clerks clerics was called and lind said he took the affidavit to mr whites teg rooms in the tower and handed it to the woman pointed out to him as miss nesbit she kept the for five minutes and signed saying she had read it through wants document introduced at the conclusion of this testimony district attorney jerome asked permission to introduce the carbon and photographic copies of the affidavit in evidence it was near neat the closing closen hour and mr delmas asked that adjournment journ ment bo be taken before arguing aa to the admissibility of the affidavit he ile said that after reading the paper over he might not object to its being offered in evidence coming aa as it does he added in such questionable shape we may deem it best beat to have the tile paper go in evidence district attorney jerome completed his medical testimony in the morning delmas for the defense de clineb to cross examine any 0 the ex ports dr flint who testified yesterday was excused and then alvo other alienists were called cal ledone one after aftel another each hach said he was familiar with the tile hypothetical questions framed by the defense and by the prosecution basins basin their opinions on thebe luef questions they all declared that thaw on the night h he 0 8 shot hot and killed hill e d S stanford ta nf 0 r d white knew the nature and quality of ot his act and knew that the act was wrong doctors sometimes disagree one question was put by mr hartridge of the tho defense to dr william mabon the last of the states exports experts do doctors often disa disagree greo ag as to the form of a mans insanity he asked mr geromes Je romes objection was overruled and dr mabon replied they do mr jerome announced that when when tho matter of the of the hummer hurnie affidavit is disposed of tho prosecution will rest the defense however will not said mr delmas and he further intimated that more experts will be called by him on sur rebuttal adjournment was taken until monday r Yeat yesterday erda y afternoons proceedings mr delmasi Delmas 1 objection to the whole line of examination was overruled and exceptions hummel said that the paper handed him was a carbon copy of the statement he had dictated in the presence of miss nesbit what what did you do with the original copy 1 asked mr jerome objection by delmas overruled 1 I handed it to or jacobsen one of the men in my office I 1 dont know which replied the witness what day was it you handed the original to the men wen tuesday october 1903 when did you next see the original I 1 the next day wednesday october mr air jerome next handed banded hummel the photographic negatives and copies of the original affidavit ho he said he had caused the photographic copy to be made have you ever seen evelyn nesbit write asked mr jerome no replied mr hummel are you familiar with her writing from tho the of things she told you she had bad written yes what became of the original 1 I handed it to evelyn nesbit in my private office did you over ever see the paper again not after I 1 delivered it to evelyn nesbit mrs thaw testified that hummel had shown her a paper and without letting her see anything but her signa ture burned it the examination of hummel pro ceedee with much difficulty because of the objections of 0 mr air delmas who now interposed the objection that the prosecutor had not laid sufficient clent ground for secondary evidence the existence of the original being in I 1 mr jerome said ho he had asked mrs thaw about the original and she had denied ever having had it in her possession justice fitzgerald overruled this objection along with all the others tho the regular afternoon recess of fifteen minutes was ordered during mr geromes Je romes examination of hummel hummel identified tho the photographic copy ot of the affidavit as having been made from the original sir mr jerome then turned the witness over for cross examination mr delmas asked Ilu hummel mInel it there was any one else in the office when he dell delivered ered the original affidavit to nesbit no you say you were acting for stanford for d white ft in this matter I 1 yes 11 how much did lie ile pay you tor for the service 1 I cant recall how long had bad you acted as stanford whites attorney for eight or ten years year hummel said he lie had arr arranged anaed to have the photographic copy made had sent for a photographer whose name he could not remember and that the photographer came to his office then you did not send for the photographer asked mr delmas no and you did not arrange to have the photographic copy made no then the photographer did not come to your office no fyhen when did you turn the original paper over to stanford white the day after evelyn nesbit first came to my office did she call more than once yes and you refused to deliver chepa per to her 1 I did I 1 told hermit belonged to stanford white 4 did she insist 9 no how long have you cnown k aown mr jerome avent Tv twenty ent y years when was your last business transaction with him 1 I think I 1 understand what you mean it wis in this very court room in december 11 and you were yes I 1 was on trial and you were sentenced here on a conviction obtained against you on an indictment for conspiracy con presented by district attorney jerome yes we admit tho the witness was convicted of a misdemeanor interrupted mr jerome but I 1 submit the details of that h incident are not proper cross cros s exam examination I 1 nation justice fitzgerald allowed mr delmas to proceed when you were septen sentenced ced said mr delmas did you not hear tho the remarks made by district attorney jerome asking tio court to inflict the tho longest and heaviest penalty possible upon you as you had been a menace to the community for twenty years jerome renewed bis objection to this and was sustained 1 I do not want to put the tile district lit attorney torneY upon tho the stand unless ho e makes it necessary said mr amr delmas who turned again to ta tho 10 witness and 1 said now sir mr jerome I 1 A wave of laughter swept the court room hummel the district attorney and mr air delmas all joined la in the raer mer ariment over the mistake thero there are two other items for sub ordination of perjury pending against you mr hummel asked mr del mas yes one charges you with procuring a false affidavit to bo be made in a pro beeding to set sev aside a divorce decree yes and tho the other charges you with procuring false testimony 0 n y in the same 11 proceeding yes sir mr you appealed from your conviction I 1 believe was it confirmed no indeed said hummel bristling up on the other hand I 1 obtained a certificate of reasonable doubt as to the legality of my conviction Is district attorney jerome urging the case against you he certainly Is P Is he urging a speedy trial for y you oil on tho the two Indictments for felony mr jerome objected and address ing the court said will your honor admit that justice fitzgerald said he voul and mr air hummel said his trial haa been ben e stopped on account of his appeal the two pending indictments involving the same transactions as the conviction for conspiracy it lf the purpose of this line of examination is to show bias on the part of the witness it Is proper remarked re marled 4 continued on page five THANK GOD THE END IS IN SIGHT continued from page four mr N I 1 r jerome but I 1 would like to bo be allowed to go upon the eland stand and show the status of the case the district attorney has aper feet right to call any witness including himself replied mr air delmas what is the penalty involved it if you are convicted upon the pending ind indictments I 1 ct ments asked mr IT delmas of hummel the maximum penalty is five years on each mr ir delmas next brought out from hummel that he had been disbarred dis barred from practicing law in 1872 on charges of bribery hummel declared he was restored after years the witness admitted that he Is now under suspension and a petition for his disbarment Is pending hummel was then excused and abraham one of the clerks and a notary was called 4 said that in company with jacobsen he had taken the original copy of the affidavit to the madison square garden tower where ho bo was shown into an upper room he ile handed the affidavit to miss nesbit who held it in her hand for five minutes more or less and then signed 1 I asked her if she had read it and she said yes 1 went on the witness and then I signed my name as notary I 1 on crosa cross examination said he did not know whether tho the room in which the paper was signed was an office or a bedroom it had two chairs he remembered said he had bad never seen evelyn nesbit before that evening or since he said he had been in hummels employ up to the time of the lat lattera suspension from practice was excused and district attorney jerome immediately tendered the copies of the affidavit in evidence mr delmas said he be was not prepared to state whether or not the defense would offer any objection to admitting the copies of if the affidavit in evidence he ile would like however to have the opportunity of examine the papers and consulting with his associates before committing himself and therefore moved an adjournment be taken until monday morning whether I 1 shall object to this pa per going into evidence continued I 1 mr T De elinas linas is debatable in my mind coming as it does in such questionable shape I 1 am not sure but what it would be better to have it go in justice fitzgerald suggested that counsel should consult before monday morning to see it if they could agree on admitting only the material parts of the affidavit mr air delmas said be thought that if it any of the paper went feht in it would all have to go in mr jerome objected to adjourning notwithstanding the fact that the usual hour had arrived he said that as soon as the matter of the affidavit was concluded the people would their case he said he ile would like to lo get through today mr air jerome then asked mr delmas if the defense would also rest after the affidavit Is admitted or ruled out to this thaws leading at torney replied 1 I can assure you most positively that we will not rest can you tell me how long you will require on sur sw rebuttal asked mr jerome 1 I can carl give you no estimate said mr belmas will I 1 have to prepare myself to cross examine any more learned ex parts asked mr jerome you doubtless will concluded mr delmas elmas adjournment till monday morning then was taken pabst I 1 blue ribbon beer on draft at J W nr mckennas McKen st new york march IG 16 samuel cie mens marlc alark twain the author sailed tor for bermuda today |