CHAPTER XVI.

Shocking Disclosures in Famous Affidavit.

DOCUMENT DECLARED TO HAVE BEEN SIGNED BY EVELYN THAW INTRODUCED IN EVIDENCE--CHARGES THAW CHOKED HER, AND BEAT HER WITH A RAWHIDE WHIP--ANOTHER ATTACK THE NEXT DAY--FAINTED IN AGONY--BEATEN AND CHOKED AGAIN AND AGAIN--DEFENDANT DECLARED TO HAVE TAKEN EVELYN’S DIAMONDS AND MONEY--THREATENED WITH BODILY INJURY UNLESS SHE WOULD ACCUSE WHITE, IS CHARGE--AFFIDAVIT ASSERTS WHITE DID NOT WRONG HER.

Startling charges that Harry Kendall Thaw administered unmerciful lashings to Evelyn Nesbit, and tortured her because she would not accuse Stanford White, were made in the famous affidavit prepared by Abe Hummel and allowed by Justice Fitzgerald to be introduced in evidence, after Hummel had sworn the prisoner’s sweetheart--whom he later married--had signed and sworn to the document.

Threats of death were added to the pitiless whippings and torture, some of which made the girl--then traveling in Europe as Thaw’s wife--faint in agony, and on one occasion confined her to bed for three weeks, so read the affidavit. In this document Evelyn declared White did not injure her. With blanched face--shuddering--Thaw listened to the reading of the document. He had never heard it before. The full text of this affidavit, classed by many lawyers as “the most remarkable exhibit ever introduced in a New York law court,” was as follows:

“Evelyn Nesbit vs. Harry Kendall Thaw.

“Supreme Court, city and county of New York:

“Evelyn Nesbit, being duly sworn, says:

“I reside at the Savoy hotel, Fifth avenue and Fifty-ninth street, city of New York. I am 18 years of age, having been born Christmas day, 1884. For several months prior to June, 1903, I had been at Dr. Bull’s hospital at 33 West Thirty-third street, New York city, where I had had an operation performed on me for appendicitis during the month of June, and then went to Europe with my mother, at the request of Harry Kendall Thaw, the defendant above named.

“My mother and I had apartments at the Hotel Maintenon in Paris, France, and from there traveled to Boulogne, during which time we were accompanied by Mr. Thaw. Mr. Thaw left us once for London, England. Mother and I remained at the Imperial hotel about three weeks.

“While the said Thaw was in London he wrote me a number of letters. He then returned to Boulogne and took my mother and myself and we went back to Paris, where we stayed at the Langham hotel. We left there about two weeks after and the said Thaw, my mother and I returned to London, where we located at Claridge’s hotel; that is, my mother and I lived in that place, while Mr. Thaw stayed in Claridge’s hotel for some little time and then removed to the Russell Square hotel, in Russell square, London.

“I went with Mr. Thaw to Amsterdam, Holland, by way of Folkestone. I was ill during this entire period. Mr. Thaw and I traveled throughout Holland, stopping at various places to make connecting trains and then went to Munich, Germany.

“We then traveled through the Bavarian highlands, going to the Austrian Tyrol. During all this time said Thaw and myself were known as husband and wife and were represented by the said Thaw and known under the name of Mr. and Mrs. Dellis.

“After traveling for about five or six weeks, the said Thaw rented a castle in the Austrian Tyrol known as the Schloss Katzenstein, which is situated about half way up a very isolated mountain. This castle must have been built centuries ago, as the rooms and windows were all old-fashioned. When we reached the place there were a number of servants in the castle. I saw a butler, a cook, and a maid. They were the only servants there.

“We occupied one entire end of the castle, two bedrooms, the parlor, and a drawing room. I was assigned to a bedroom for my personal use.

“The first night we reached the Schloss Katzenstein I was very tired and went to bed right after dinner. In the morning I was awakened by Mr. Thaw knocking on the door asking me to come to breakfast, saying that the coffee was getting cold. I immediately jumped out of bed and hastily dressed. I walked out of my room and sat down to breakfast with said Thaw.

“After breakfast, he said he wished to tell me something and asked me to step into my bedroom. I entered the bedroom, when Thaw without any provocation grasped me by the throat.

“I saw by his face that he was in a dreadfully excited condition. His eyes were glaring and his hands grasped a rawhide whip.

“He seized hold of me, placed his fingers in my mouth and tried to choke me. He then without the slightest provocation inflicted on me several severe blows with the rawhide whip, so severely that my skin was cut and bruised.

“I begged him to desist, but he refused.

“I shouted and I cried.

“He stopped then for a minute to rest, and then renewed his attack on me, beating me with the rawhide whip.

“I screamed for help, but no one heard me; the servants did not hear me for the reason that they were in the other end of the castle.

“Thereupon the said Thaw renewed his brutal attacks until I was unable to move.

“The following morning the said Thaw administered another castigation similar to the day before. He took the rawhide whip and belabored me unmercifully.

“I swooned and I did not know how long I remained in that condition until I regained consciousness.

“He left me in a frightful condition. My fingers were numb, and it was nearly three weeks before I sufficiently recovered to get out of my bed and walk.

“When I had sufficiently recovered the said Thaw took me to a place in -- --, where Italy and Austria join and then we went to Switzerland, and stopped at a place called the Switzer house at Santa Maria.

“The next morning I made some remark and said Thaw took me to my room, and while in the room took a rattan and beat me until I screamed; when I began to scream said Thaw again stuck his fingers into my mouth.

“During all that time the said Thaw never attempted to make the slightest excuse for his conduct or state what the provocation was.

“During all the time my mother and I remained in England we occupied apartments at 5 Avenue -- --. I was constantly watched by detectives and other hirelings of said Thaw, including the coachman and the valet.

“When in Paris he assaulted me with a rattan for half a day, at intervals of half an hour or so, striking me severely.

“One day my maid was in my room taking things out of the drawers and I found a little silver box, oblong in shape, about two and a half inches in length, containing a hypodermic syringe, and some other small utensils. I asked Thaw what that was for, and he stated to me that he had been ill, and had to make some excuse. He said he had been compelled to take cocaine. The first time I found he was addicted to the taking of cocaine I saw the said Thaw administer the cocaine to himself internally by taking small pills.

“On one occasion Thaw attempted to compel me to take one of these pills, but I refused to do so.

“While in Paris I suffered from sickness by reason of the beatings he had administered to me and that he had given me, and was confined to my bed in my room about two weeks.

“While we were in Paris the said Thaw compelled me by threatening to beat me to write a letter to a Miss Simonton, who was staying at the Algonquin hotel in the city of New York and knew my mother, asking her to come to Paris. When she got there he told her a lot of falsehoods and lies about me, telling me previously that if I did not indorse what he said he would kill me.

“While we were at the Schloss Katzenstein the said Thaw took from me without my consent and still retains in his possession two diamond rings, one sapphire ring with a diamond on each side, one pearl locket, one gold purse and $400 in money consisting of drafts from Thomas Cook & Sons. He had also in his possession in the city of Paris wearing apparel of mine, consisting of five gowns, a number of hats, and three parasols.

“I had not seen my mother since I left her in London, and I am informed within the last few weeks that she returned to the city of New York from London on the steamer Campania.

“I arrived in this city Saturday, Oct. 24, 1903, having returned from Paris by way of Cherbourg.

“Before I left Europe the said Thaw had stated to me that his lawyer, a Mr. Longfellow, would meet me at the dock and asked me if I needed anything. He said he would see that all my requirements received attention. I had a letter from him to the said Longfellow in which the said Thaw asked the said Longfellow to have me followed by detectives and also to see that everything I wanted was done and to see that I was not troubled by anybody.

“I had received a number of cablegrams from Thaw which I have delivered to my counsel, Abraham H. Hummel.

“I have been repeatedly told by the said Thaw that he is very inimical to a married man whom he said he wanted me to injure and that Thaw would get him into the penitentiary; that the said Thaw had begged me time and time again to swear to written documents which he had prepared, involving this married man and charging him with drugging me when I was 15 years of age. This was not so; and I so told him.

“But because I refused to sign these papers said Thaw not alone threatened me with bodily injury, but inflicted on me the great bodily injury I have herein described.

“Subscribed to before me this 27th day of October, 1903.

“Sworn to before me this 27th day of October, 1903.”

(Signature of notary.)

“The state rests,” announced District Attorney Jerome after reading the affidavit, and Attorney Delmas then attacked Hummel. He read the record of Hummel’s conviction in the Dodge-Morse divorce scandal, in which the lawyer was accused--just as Evelyn Thaw had accused him--of preparing a false affidavit and false testimony. When Hummel was on the witness stand he denied that in drawing the affidavit he was acting as counsel for Evelyn Nesbit; the document itself proved that he was. The papers were to have been filed, it was stated, in a suit for damages against Thaw.

More sensations were ahead.