The Montgomery advertiser., 1906-06-29

It Is also understood that Mrs. Thaw told her husband when she called upon him In the Tombs yesterday that she would obey the subpoena of the grand jury so far as calling at the grand jury room was concerned, but under no cir cumstances would permit anybody to question her. and that if the acting District Attorney insisted on putting questions to her. she would positively refuse to make any reply to them.
 The legal question of what testimt ny wife may or may not give agninst her husband Is important In Thaw's case, Under the old common law wife could not be compelled to give any evidence against her husband, but the revised penal code of the State of New York modified this absolute bar Tier Section 715 provides as follows:
 The husband or wife Of person indicted or accused of crime is in Ill cases a prominent witness on the examination or trial of such person; but neither husband nor wife can be oon1pelied to disclose confidential communication made by one to the oth-l CT during the marriage.
 As the proceedings in the grand jury room are secret. no announcement Of the testicony in today's exarination Is expected.
 Only witnesses sufficient to establish the fact of crime, and who committed it. will be called. the District Attor- ney's office not wishing to disclose It's whole hand either at the inquest or grand jury inquiry.
 The district attorneys office com pleted the examination of the more in- portant witnesses so far discovered yesterday and immediately shifted it's attention to the Investigation of the relations existing between Evelyn Nes- bit and Stanford White prior to the t~ft Ia nA aftffrda sumed by Thaw after he had made her his wife.
 Investigating Dissipations.
 T am investigating every story re- garding the life and dissipations of the parties to the tragedy" Mir. Nott said.
 There are many of them. E T get a new tale every minute, and so far neither the police nor the force of this ofice has been able to substan- tiate one of them.
 The report that White made an in- sulting remark about Mrs. Thaw on the night of the shooting, which was overheard by her husband is ground less so far as have been able to learn.
 T am perfectly satisfied that nothing that happened Monday night had any thing to do with the shooting. The deed was planned before then. That White talked about Mrs. Thaw after her marriage Is heard on all sides, but I have been unable 10 run down sim gle specific instance In which her name was mentioned by him in derogatory manner. I never knew of case in which there were so many rumors which were without grain of truth"
 Mrs. Thaw seems to be living in ex- citement of the moment. It is said at the Lorraine, where she is staying, that she sleeps little and every possible mos ment of her time has, SO far. been tnken up with consultations with her friends and with the lawyers employed by her husband. She looked even more careworn yesterday than the day be- fore.
 Incident of Examination.
 There was one Interesting incident at Thaw's interview yesterday with the alienists whe called to examine him,
 After come trivial conversations he kurned to Drs Hamilton and asked
 sssDcctor. wia you prescribe a cigar q
 .'Yee, answered pr. Hamilton hand Thaw lighted, 1t took few pufts and then ioked at pr. Mcdonald and exclaimed T suppose you are too wise to smoke too much"
 q try to do such things in modera- tion." returned pr Macdonald.
 And you think people are superior who do not smoker" pursued Thaw. but Is 1t not distinctly normal for men
 'enyornal7e calculated Dr. Macdonald.
 ''Is it distinctly normalf' Thaw went on, flor a male human being to be born without the habit of smoking and without sufficient prediliction to ac- quire the habit7"
 After a slight pause, Dr. Macdonald replied:
 "'some show no preference for to- bacco, while others do"
 Mrs Thaw has been instructed by her husbands counsel to furnish him with every scrap of writing she has from White She has promised to look TOT more of the letters
 A man connected with the Equitable Life Assurance Society said last night that Stanford Whites life was insured in that company for $l9s,000, hy poll cies taken out at various times in the past twenty years. During that period, 1t was said, Mir. White paio 10 the Equitable ss0,o00 in premiums. All or the policies were made payable to his wife insured in other companies as well.
 None of the Equitable policies had been taken out recently so far as could be learned.
 Coroner'a Inquest Delayed.
 The coroner's inquest was scheduled to begin at g 80 o'clock, but az that time the coroner was not present. Cor onar Dooley was engaged in work on the Thaw case until after 3 o'clock this morning and sent word that he would be a little delayed In starting the in- quest.
 Thaw passed a rather restless night ir his cell at the Tombs. He seemed in fairly Eooi spirits when he arose, however. and after a careful toilet ate his breakfast with evident relish. It had been planned to begin the inquest at half past o'clock, but as Coroner Dooley had spent nearly the entire night on work on the ease he was de- layed more than hour in reaching the Criminal Court building.
 1 A large crowd had gathered in ana around the building in the meantime but they were held In check by large g l force of police especially detailed for | the occasion. Every seat in the Cor oner's Court was filled at l0:S0 wnan ! the coroner arrived. Thaw was brought in moment later and took seat be- sido his counser. The coroners Jury then was assembled and sworn and the examination of witnesses was begun | without delay. Nicholas L. Stokes, p wealthy commercial dealer. is foreman of the jury.
 The first witness called was coro- ner's physician. Dr. Timothy D. Lehan, who performed the autopsy on Whites s body He declared death was caused by a gunshot wound Tn the right eye. Edward Fl. Conway, a foreman of la borers at Madison Square Garden said that he saw both White and Thaw the night of the murder.
 Described Thaw'a Movements. He described ThaWs movements. saying that 'Ihaw had passed him | twice going back and forth behind the table at which White sat. The second time Thdw approached Whites table he saw Thaw extend his arm and three in d1Ifqlx