“‘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 contemplated is the man who dictated the first words of this affidavit, which read, ‘Evelyn Nesbit, plaintiff, vs. Harry K. Thaw, defendant.’
“This is in letters as legible as I have ever looked upon. Perjured when he tells you he was not counsel for Evelyn Nesbit, when he tells you no legal action was intended, when he dictated this affidavit.
“You are called upon to convict her of perjury.
“You are called upon to do so upon the strength of Hummel. And on that testimony you are called upon to deprive a human being of his life.
“How did this paper have its birth? Miss Simonton, as I have told you, came here after hearing in Paris the story you have all heard. Arriving here, she went to Mr. White in order to get confirmation or denial of that story. His body turned icy cold when she told her story you have heard.
“He knew that what he had done would not only disgrace him, but would send him to prison.
“She was told that Harry Thaw was a married man and that she should be protected against Harry Thaw, and he took her to Hummel’s office. What was White’s object in taking her to Hummel’s office? It was to get from her by some monstrous deception her statement of her story about herself that would neutralize their efforts should they ever attempt to bring up against him their story of his outrage, of his acts.”
At this point Mr. Delmas had spoken two and one-half hours, and court was adjourned, with another day of supreme effort ahead for the brilliant general in command of the defense.