Jerome had hurled his strongest attack against the defense in this desperate effort to prove Thaw sane at the time of the killing. While he was smiling in triumph Delmas said:
"Call Evelyn Nesbit Thaw."
Pale and apparently almost a nervous wreck the beautiful child wife took the stand.
"Did you," asked Delmas, "when you visited Abe Hummel in his office call upon him then and there, in a professional capacity with a view to having his legal advice as a counsellor-at-law?"
"I did," was the answer.
Mrs. Thaw then left the stand.
Justice Fitzgerald then ruled that the defense could not now plead the professional privilege in bar of Hummel's testimony for the privilege was involuntarily waived when young Mrs. Thaw herself took the stand and told of the occurrences in Hummel's office.
This was a hard blow to the defense and the Napoleanic Delmas was enshrouded in temporary defeat.
