Page:The Great Harry Thaw Case.djvu/196

 *ner, which was based on her statement contained in the hypothetical question, can be stricken from the records.

"There is the crux of the case as it appears in the evidence, and the question becomes one of what the law says on this subject of introducing contrary statements of a witness.

"I was sincere when I said that I knew nothing in history or literature could compare with the heroic sacrifice made by Evelyn Nesbit when she refused to accept the proffered hand of Thaw in Paris—if the story told by Evelyn is true!"

The court made no decision on the question at issue, and examination of Hummel was resumed.

"At the interview in your office," asked Mr. Jerome, "did Evelyn Nesbit, prior to your dictating anything, tell you that she had told Thaw that it was not true that Stanford White had drugged her?"

Mr. Delmas was on his feet to object, but before he could do so and immediately after the district attorney had ceased to speak, Hummel said, in a loud voice: "She certainly did."

Mr. Delmas looked at the witness, and, with scorn in his voice, said: "And you call yourself a lawyer!" Then, after a bitter clash with the district attorney, in which temper was shown on both sides, Jerome being denounced, Delmas said, "Let the answer stand, I waive my right."

Jerome turned to Hummel again and asked: