Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-06-28

street and Madison avenue, by cerebral
hemorrhage, pistol shot wound of skull IN
ficted at the time and place AFORESAID py
Harry Kendall Thaw-
Thaw was called to the bar and was COM
mitted to the city prison without ball 10
await the action OF the grand jury. the
prisoner was taken back to his cell In the
Tombs.
Immediately at the close of the inques.
the grand jury began its consideration OF
the case.
Among the witnesses called before the
grand Jury were Mrs. Thaw. wife of the
prisoner. and May Mckenzie, mn actress
and close friend of Mrs. Thaw. Mrs. Thaw
remained in the jury room about fifteen
minutes after which she visited her nus
band in the Tombs.
Mrs. Thaw Refuses to Answer.
An unofficial report OF the proceedings In
the grand jury room while Mrs. Thaw was
on the stand is as follows
Are you the wife of Hurry K. Thaw.
accused of the murder of Stanford White?"
asked Assistant District Attorney Garvan
Il am replied Mrs. Thaw.
Were you present at the time of the
shooting of White?" went on Mr. Garvan.
THAT is too painful a question for me to
answer" said Mrs. Thaw.
Did you know anything of the trouble
between your husband and White?"
That is too painful subject for me to
discuss again replied Mrs. Thaw.
Did you know Mr.. White previous to the
shootng?"
That is too dreadful a question for me
to discuss" was all Mrs. Thaw would say
Turning TO the jurors, Mr.. Garv:n said:
Il think we are all agreed on that sub
iect.' Then addressing Mrs. Thaw the
Turning to the jurors, Mr.. Garvan said:
You may GO"
Throng of the Curious
When Mrs. Thaw started to leave the
Tombs after calling on her husband the
street in front Of the prison entrance was
SO densely packed with people that she
was unable to force her way through the
doom Half a dozen policemen fought
against the crowd in a vain attempt to
make passageway. score or more addi-
tional police were summoned and succeeded
in pushing the crowd back from the pris-
on doors after Mrs. Thaw had been wait
ing twenty minutes in the corridor.
The crowd around the Tombs TODAY was
ore Of the largest that ever gathered around
the famous prison.
Speculation Regarding Mrs. Thaw.
The corener's inquest and the meeting of
the grand jury today, both to formally
name the murderer of Stanford White. di-
vided public interest today with the devel-
commission declared 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
1t was asserted that the wife had told
her friends that she would go to prison
rather than testify in the grand jury room,
where proceedings are secret and where the
only counsel is a representative of the dis
trict attorneys Office.
Mrs. Thaw has told most intimate
friend that she would stand pat and re-
fuse to say anything, no matter how 4mpor
tant the questions Mr. Mott or Mr. Garvan
may put to her This assertion is said to
have been brought from Mrs. Thaw by the
intention of the district attorneys Office to
make her witness for the prose cution.
A Wife's Privilege.
Mr.. 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 priv
ilege is extended only TO what are known
as confidential communications between
husband and wife. II she refuses to an
swer other questions she can be committed
for contempt of court.
She may refuse to answer questions on
the ground that the answers might tend to
degrade or incriminate her. and also she
has the right to refuse to answer questions
on the ground that the answers tend to
convict her of a crime.
II 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 con-
cerned. but that under no circumstances
would she permit anybody to question her,
and that II the acting district attorney in
sisted on putting questions to her she
would positively refuse 10 make any reply
to them
The legal question OF what testimony a
wife may or may not give against her hus-
band 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
barrier. Section rs provides as follows:
THE husband or wife of a person indicted
or accused of a crime is in all cases COM
petent witness the examination or trial
of such person; but neither husband nor
wife can be compelled to disclose conf
Dental communication made by one to the
other during their marriage
The Grand Jury Hearing.
As the proceedings in the grand jury room
are secret no announcement of the testi-
mony in todays examination is expected.
Only witnesses sufficient to establish the
fact of a crime and who committed II will
be called. the district attorneys office not
wishing TO disclose its whole hand either |
at the Inquest grand iurv inquiry.
The district attorneys Office completed the |
examination of the moro important wit |
nesses so far discovered yesterday, and |
shifted its attention to the in |
vestigation OF the relations existing between |
Evelyn Nesbi. and Stanford White prior to |
the girls marriage and the attitude as |
sumed by Thaw after he had made her his |
wife.
81 am investigating every story regarding |
the life and designations of the parties to the |
tragedy Mr.. Mott said There are many |
OF them / get a new tale every minute |
and so far neither the police nor the force |
OF this office has been able to substantiate |
one OF them
THE report that White made an insulting |
remark about Mrs. Thaw on the night of the |
shooting, which was overheard by her hus- |
band groundless. so far as have been |
able 10 learn.
II am perfectly satisfied that nothing |
that happened Monday night had anything |
to 90 with he shooting. The deed was |
planned before then. That White talked |
about Mrs. Thaw after her marriage is |
heard on all sides. but has been unable |
to down a single specific instance in |
which her name was mentioned by him in |
derogatory manner. / never knew of
case In which there were so many rumors
erpr Will TN 80 truth