New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-04-02
THAW'S WIFE CALLED
Nag Haze to Testify Before Com
mission in Lunacy.

The sessions Of the commission in lunacy
which is trying to determine whether Harry K.
Thaw is sane or insane promise to be particu-
larly interesting to-day, as Mrs. Evelyn Nesbit
Ihaw has been subpenaed to appear as a wit
ness Whether she will actually appear is
doubtful, as she will undoubtedly refuse TO
testify against her husband. and as she was
subpenaed by the prosecution, can refuse. as
principal fer the defence, to say anything
at all
Mrs. Thaw was served with a subpoena as
she was leaving the Tombs prison, after visit
Ing her husband yesterday afternoon. She was
much agitated when she realized the import
of the paper thrust into her hands.
What is this paper?" she asked, considerably
agitated.
"a subpoena from the District Attorney, re-
quiring you TO appear before the lunacy COM
mission Tomorrow was the process servers
reply.
Before the lunacy commission" reiterated
Mrs. Thaw. They certainly cannot expect me
to testify against my husband"
Mrs. Thaw hurried uptown to consult counsel
It is believed she will hold to her rights as
wife and not testify
Besides the serving Of a subpoena on Mrs.
Thaw. the District Attorney also, it is under
stood, had subpGnas served on Dr. Menus Greg
Dry and DR.. Charles Pilgrim. two OF the alien
lists. who testified and replied TO the hypothet-
ical question for the defence. These alienists
were two of the three men who did not give
afidavits for the defence, in fighting the APP
pointment Of the commission in lunacy. The
prosecution believes that they did not do so as
they We're not able to swear that Thaw is sane
at the present time, but instead believe that he
is not mentally capable Of comforting with his
counsel and understanding the nature OF his act.
1t is believed that they can be forced to tes-
tify before the commission. professional privt-
lege not being waived. or being necessary 70
be waived. as they did not file afldavits. II
they should say that in their opinion Thaw was
insane at the present time. it is generally con-
coded the testimony would DO Of extreme I'M
portance 70 Mr.. Jerome
The commission in Iunacy will meet this
morning and will probably hold sessions all day.
as it did on Saturday. All OF the sessions now
that the examination of the defendant IS fin
ished. will be public Whether the seven alien
fists for the prosecution will be examined to-
day, to say nothing of an equal number for the
defence. besides DR.. Allan McLane Hamilton. is
not known. If they called 1t will probably
take at least all OF the week TO finish their eX-
animation and cross examination before Mrs.
Evelyn Thaw and other lay witnesses are called
Thaw IN better mood yesterday than
he had been for days. He was taken 10 the
Criminal Branch Of the Supreme Court at the
usual hour in the morning, and was surprised
to see the courtroom CROWDED. Inc REASON was
that the April grand jury was 20 be decided on
He was not disturbed particularly by the incl
dent, and the presence Of his brother, Josiah
Thaw, the only member Of his family IN the
courtroom Cheered him. The jury which Is
trying Thaw was called and took seats in the
Royal Box" where newspaper men ordinarily
sit as the regular jury box was occupied by
talesmen for the grand jury. Justice F1tz-
Gerald. who occupied the bench throughout the
proceeding excused the jury again until the
usual time" on Thursday morning. BY that
time IL Is believed, the commission in lunacy
will have rendered its report and the jury Will
either have 20 go with the trial proper or be
discharged for once and all.
When Thaw returned to the Tombs he found
his wife awaiting him. After she left the Tombs
his mother called him and buoyed up his
spirits Thaw, the keepers say, looks and acts
better at the present time than any Occa-
sion since he has been confined in the Tombs.
1t is known that District Attorney Jerome viii
endeavor to-day, when the commission meets,
to force his contention that Thaw is insane and
will insist calling his alienists 10 support his
contention. AS a browning point he will insist
on the calling Of DR. Hamilton, and then the
examination Of DIR. Gregory and DR.. Pilgrim,
who the defence's alienists, and afterward
he will argue that the commission must, under
the evidence adduced. do nothing but find the
defendant insane, and recommend that no be
sent TO tho Asylum for the Criminal Insane at
MafteaWaQ.