Every evening, Wilmington daily commercial., 1906-06-28
l-1ocIaiod rroa DI1ratch by Special wlro.

Associated Pres Dispatch by Special Wires
New York, June 2s.-Tho coroner's
inquest and the meeting Of the grand jury,
today, both 20 formally name the mur-
derer of Stanford White divided public
interest today with the developments Of
yesterday, when an insanity commission
declared Harry k Ihnw sane and Mrs.
Thaw visited her husband in bis cell in
the Iomhs.
There was much speculation this morn
ing as to Just what position Mrs Ihaw
would take when she appeared before
the grand jury. IL was asserted that
she had told her friends that she would
90 To- prison rather than testify in the
grand jury room, where the proceedings
are secret and where the only counsel Is
"a representative of the district attorneys 3
office Mrs. Thaw had told an intimate
friend that she would "stand pat" and
refuse TO say anything, no matter how
| important the question Mr.. Mott or Mr.,
/ Garvin might put 70 her. This assertion
| Is said 10 have been brought from Mrs.
/ Thaw by the intention OF the district
attorneys Office 90 make her a witness
for the prosecution Assistant District
Attorneys Mott and Garvin, u was said
today are determined that she shall be
| examined before the grand jury, where
she can be put under oath and where it
Is expected 20 learn from her enough toi
establish the motive which nctuatedl
Thaw In killing White. Mr.. Mott says
that Mrs. 1haW cannot claim the privi-
lcge of refusing to answer questions just
because she Is the wife Of a man nccuscd
OF crime and that this privilege y extended
only TO what aro known AZ confidential
communications between husband and
} wife, II she refuses TO answer other
questions, she can be committed for con-
tempt Of court. She may refuse to
answer questions on The ground that
tho answom might tend 20 degrade or
incriminate her, and she also has the
night TO refuse % answer questions on
tho ground that tho ansWcrs might tend
70 convict her OF D crime. 10 u also under
stood that Alrs. Thaw told her husband,
when she called upon him IN the 1ombs
yesterday, that she would obey the sub
puna Of the grand jury 90 far as calling
az the grand jury room was concerned,
but that under no circumstances would.
she permit anybody to question her, and
that il the acting district attorney in-'
sisted on putting questions to her she
would positively refuse 70 make any
reply 20 them. The legal question Of
, what testimony a wife may or may not
give against her husband is important in
Thaw's case Under the old common
law wife could not be compelled 70 give
any evidence against her husband, but
the Revised Penal Code of the State Of
, New York modified this absolute barrier.
Section 7l5 provides as follows:
/ "The husband OF wife Of prisoner IN
dicted or accused of a crime is IN all cases
"a compotent witness on the examination
or trial of such person, but neither hus-
band nor wife can be compelled to dis
close "a confidential communication made
p bv one to the other during their mar
nage
q As the proceedings in the grand jury
r. room are secret, no announcement Of
the testimony in today's examination
. Is expected Only witnesses sufficient
D 10 establish the fact of a crime and who
committed It viii be called, the district
Z attorneys office not wishing to disclose
p its whole hand either at the inquest OF
grand jury inquiry
The district attorneys Office yesfer.
], dav completed the examination Of the
Q more important witnesses so far dis
u covered and Immediately began. an in.
e vestication of the relations existing
g between Evelyn Nesbit and Stanford
L White prior 10 the girls marriage anc
b the attitude assumed by Ihaw after he
y had made her his wife.
8 u am investigating every story Ne
Il rartling the life and dissipatons Of ths
@ parties TO the tragedy" Mr. Mott said
Y ''There arc many OF them. l get a new
is tale every minute, and so far neither the
g police nor the force Of this Office hav'
D. been able 10 substantiate one Of them
e The report that White made an insult
e ing remark about Mrs. Thaw on the nigh
g of the shooting which was overheard b,
her husband, is groundless, 50 far as
Il have been able 70 learn. / am perfectl,
N satisfied that nothing that happened
re Monday night had anything to do Will
e. CONTINUED on. second page.l