“Thaw’s lawyer then tore Hummel’s evidence to bits, showing that in one place he swore positively he sent for the photographer and in another he swore as positively that he did not. Continuing Delmas said:
“Which of these stories is true? They both come from the witness sitting in that chair. They both have the sanction of his oath—the oath of a man already convicted for subornation of perjury and conspiracy. Both of these stories cannot be true. Which one is true? One of these two stories is a deliberate falsehood, and which it is I care not. They probably are both false.
“Abe Hummel testifies that this thing, miscalled ‘affidavit,’ was dictated by him in the latter part of October, 1903, in his office, to a stenographer whose name he does not remember and even whose individuality he has forgotten.
“Listen: If Abe Hummel dictated this illegal affidavit, 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 necessary 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!