Page:The Great Harry Thaw Case.djvu/248

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as he swears he did, in the latter part of October, 1903; if this is his work; if these are his words, this his dictation, then he committed deliberate perjury, gentlemen, and the proof of this perjury was in the hands of the learned interrogator. He held the paper before him while the witness was in the chair and could not but know that at that time the witness was swearing the proof of his perjury was lying before him.

"In order that Abraham H. Hummel could testify at all—before his lips could be unsealed—it was neecssary for him to swear he was not acting in an official or professional capacity for Evelyn Nesbit when he dictated this statement. Hence the absolute necessity that this wretched old man should swear that he was not acting as her attorney.

"Hence he says, 'I was not acting for Evelyn Nesbit. There was no action contemplated by her. She did not consult me in my official capacity.'

"Hence there could exist no professional relations. He said so.

"This is the famous paper by which Abraham Hummel hoped to help the District Attorney send Harry Thaw to the electric chair. Who dictated these words, which lay open before the District Attorney as he questioned Hummel?

'I received many cablegrams from Mr. Thaw, which I turned over to my counsel, Abraham Hummel.'

"Who dictated these words, if the paper was dictated at all? Abraham Hummel, who came upon the stand and swore he had never acted as her attorney—Abraham Hummel!

"'Howe & Hummel, attorneys for plaintiff,' are the words that appear on the indorsement of this paper. And who was the plaintiff? Evelyn Nesbit.

"And the same man who tells you no action was con-