Omaha daily bee., 1909-07-14

sion after his commitment to Matteawan.
But turning appealingly to the court she
repeatedly refused to answer his questions,
and after a clash between counsel Justice
Mills ruled that he would hold the CONVEX
sation in which the threat was supposed
to have been made a confidential one be-
tween husband and wife, and therefore
privileged until the state presented proof
to show that Daniel O'Reilly, the New
York lawyer, who was present at the time,
was not then acting as counsel for both
Mr.. and Mrs. Thaw. This Deputy Attor-
ney General Clarke promised to do, and
Mrs. Thaw was excused after identifying
a number Of papers in her husbands hand
writing.
Many Witnesses Favor Thaw.
Aside from Evelyn Thaw's appearance
which was the sensation of the day, the
testimony was much like that of yester-
day--accounts of witnesses called by
Thaw's counsel, all of whom attested to
his apparent soundness of mind. The
eagerness to see Mrs. Thaw was just as
intense as when she appeared daily at the
criminal courts building.
A throng of curious spectators crowded
into every available foot of space in the
new court room, the rumor having gone
OuA "a III AAS N'g NAoN '~
testify. When she left the stand such
a crowd followed her that she had to take
refuge in the district attorneys office.
When she first entered the court room
and made her way to the stand there was
a buzz of excitement and a ripple OF
comment; but she showed little concern
on the stand she was reluctant to answer
Mr.. Clarke's questions and had to be
instructed to do so a number of times BY
the court.
Evelyn II PetuIent.
The tears came to her eyes when Justice
Mills ruled against her and she turned
to him and said petulantly:
II guess l will nave to obey for ! canno
afford contempt proceedings or go to Jail
My husband is not paying me anything
now and l haven't enough money to pa!
counsel"
She told little, II anything, to show tina
Harry Thaw is insane, while a score o.
more Of lay witnesses, who had observes
Thaw at various times since his commit
ment to Matteawan asylum, spoke in hi
favor. The witnesses consisted OF citizen
from Peeksill and Poughkeepsie, wher
Thaw was incarcerated for several week
in the jail pending further habeas corpu
proceedings, attendants from the asylum
and various friends of the Thaw famil
"hS A~1 Nv AV oOANN 1hSy -
testified that his conversation and action
appeared to them to be entirely rational
Keeper IL Help to ThRw.
Perhaps the most favorable bit of test
mony for Thaw today was that of Fran
Toomey, his ~bodyguard for five or 81
months at Matteawan. He said that THAI
had exhibited no irritational tendenc
during that time.
The states representatives announce
that they had retained DR.. Austin Fir
and DR.. Charles B. Mcdonald, who, wit
Or. Amos B. Baker of Matteawan, wi
make up the states trio OF alienists alon
lines agreed upon by counsel yesterday. d
Flint was in court. Thaw's counsel ha
not decided what alienists to call.
1t was agreed, however. that the state
a~lienists are to be permitted to make
physical examination Of Thaw in the Viii
Plains jail, The mental examination
test his sanity is to be conducted in ope
court, by the lawyers. prompted by II
experts.