The Montgomery advertiser., 1906-06-29
Quick Action in the Case
 of Thaw.
TIE PRISONER UNcoNcERNED
Appears the Least Interested tn
 Proceedings Against Him.
Hrs. Thaw Goes Before the Grand Jury but Declines to Answer Any Of the Questions
 Put to Her.

New York June 2S.--Harry Kendall Thaw was indicted today for murder in the first degree for the killing of Stanford White last Monday night OH the Madison Square Roof Garden. His wife, Evelyn Nesbit Thaw, appeared as a witness before the grand jury but begged to be excused from giving any testimony whatever. She was treated with every consideration by Assistant District Attorney Garvan and by tho jurors, who did not insist that she should answer any questions
 Thaw will plead to the indictment in be set for the trial until District Att torney Jerome returns to the city next week.
 { The grand jury's Consideration of the case was brief and followed per functory inquest before coroner's jury which heard the testimony of sev- eral eye witnesses to the tragedy and rendered a formal verdict that Whites death had been caused by young Thaw The latter calmly listened to the tes- timony and while the jury was out he chatted with his counsel and po- liceman sitting near by, laughing aloud at one stage of the conversation. When the jury had completed its verdict Thaw was recommitted to the Tombs with out bail. His indictment was announce ed soon afterward.
 Goes to See Her Husband.
 Mrs. Thaw, following her appearance before the grand jury, crossed the Bridge of sighs and entered the city prison to see her husband. They talk ed together for long while and when Mrs Thaw finally attempted to leave the great granite building she found her way blocked by the largest crowd. the police say. that has ever gathered about the structure. She was virtu- ally held a prisoner by the inuuisitfve thrlng for thirty minutes. when re- serves from many police stations n.an- aged finally to clear a way for her. Stanford White was buried today with simple ceremonies at St. James. l. l.. where he had summer home The services were held in the St . James Episcopal Church and the inter- ment was made ir ths Rravexard sur- rounding the quaint little ediface. s In the opinion of physiciaas who per- formed the autopsy on Whites body the life of the architect " as shortened not more than two years by the bull lets from Thaw's pistol. Ho was found to be suffering from Brights disease. from incipient tuberculosis aud from fatty deEeneration of the liver.
 Mrs. Thaw's appearance before the grand jury had been looked forward to with considerable interest as 1t was
  vantage of the occasion to throw some additional light upon the tragedy.
 After being ushered into the grand jury room, Mrs. Thaw was asked:
 What is your name? ''Evelyn Nesbit Thaw."
 How old are your
 Twenty years"
 Declines To Answer.
 ''When did you last see and meet Stanford White, the deecased?"
 Without becoming excited in the least, but in a calm and rather forcefuI manner, she replied clearly, with era. phasis on each word:
 T hope that you gentlemen will not insist that I shall answsr any more questions. I must respectfully decline tc answer the questions that you intend te ask me. say this with all respect tc you gentlemen"
 Mir. Garvan then asked her. "Why don't you wish to answer?"
 Addl esing the foreman, Mrs Thaw replied earnestly: T might say some- thing that might do harm to my hus- band, and wife ought to do all she can to protect her husband I beg of you not to insist in putting further questions to me, because If you do will have to decline to answer"
 Addressing the jury Mir. Garvan IS said to have stated that the district attorneys office would not insist, un-
 
 The jurymen then held a short con sultation among themselves and finally, after few minutes the foreman, turn ing to Mrs. Thaw. said:
 "The grand jury has no desire to ask further questions unless you desire te tell them anything"
 Mrs Thaw simply replied. Thank you"
 Mrs. Thaw Excused. .. She was then excused.
 The body of stanford White was buried today at St. James, L. I.
 The coroners inquest and the meet ing of te grand pury both to formally name the murderer of Stan ford White divided public interest to- day with the developments of yester- day when an insanity commission de- clared Harry K. Thaw, sane. and Mrs. Thaw visited her husband in his cell in the Tombs prison.
 There was much speculation today as to just what position Mrs. Thaw would take when she appeared before the grand jury today. It was asserted that the wife had told her friends that she would go to prison rather than testify fin the grand jury room, where pro ceedings are secret and where the on- ly counsel Is a representative of the District Attorneys oh1ce.
 Mrs. Thaw has told a most intimate friend that she would stand pat" and tO say any thAn8s AO hoW important the question MT. Nott and MT. Garvin may put to hor. This as- sertion is said to have been brought from Mrs. Thaw by the intention Of the District Attorneys ofice to make her a witness for the prosecution.
 Assistant District Attorneys Mott and Garvin, 1t was said today. are deter mined that the woman shall be ex- amined before the grand jury. where she can be put under oath and where 1t is expected to learn from her enough to establish the motive which actuated Thaw on killing Stanford White. MT. Mott says that Mrs. Thaw cannot claim the privilege of refusing to answer questions just because she is the wife of a man accused of crime. and that this privilege Is extended only to what are known as confidential communica- tions between husband and wife. If she refuses to answer other questions she can be committed for contempt of court
 She may refuse to answer questions "a bat he mia