"When Thaw left me he walked around several times, looking over the audience, toward the place where he subsequently shot White. Finally his friends arrived, and then I heard three pistol shots and saw a cloud of black smoke. I saw Thaw after the shooting, aiming his pistol toward the floor.
"I went to the entrance, keeping my eyes on Thaw all the while. Then I saw a man lying face downward on the floor. The man's face was so blackened with powder I did not recognize my brother-in-law and left the place without knowing who the man was."
Smith on cross-examination asserted Thaw was not intoxicated on the night of the murder.
Jerome next asked Abe Hummel this question:
"Did you on October 27, 1903, see Evelyn Nesbit Thaw in your office?"
"I did," replied the lawyer.
"At that conversation did Mrs. Thaw inform you that Thaw wanted to injure White and put him in the penitentiary and that Thaw had compelled her time and time again to sign statements about White and that those documents charged White with having drugged Evelyn Nesbit when she was about fifteen years old and that she, Evelyn Nesbit, had told you that Thaw had beaten her for not signing the papers?"
Hummel was not allowed to answer then, on objections by Delmas, but the witness said he was acting for Stanford White at the time of the conference.
