The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-14
FACES The COURT
Evelyn Nesbit Thaw Once More
on Witness Stand.
This Time to Testify Against
Her Husband.
DECLINES TO REPLY
When Asked if Defendant
Threatened to Kill Her.
Says She Is Dependent on Her
Own Resources.
DECLINES TO REPLY

White Plains, July 14.-Evelyn Mes
bit Thaw as pretty as ever, petulant
and school-girlish, and dressed in the
familiar blue which she affected so
Iauch during the trial of her husband,
Harry K. Thaw, for the murder of
Stanford White was on the stand for
more than an hour before Justice Mills
in the supreme court here subpoenaed
by the state in its fight to keep Thaw
III the asylum for the criminal insane
at Matteawan. But for the absence
of the dainty Eton collar which Mrs
Thaw wore so much during the muir
der trials she appeared today muCh the
same as she did when Jerome was try
ing to send Harry Thaw to the electric
chair. She is q little more mature, per-
haps. but she showed the same girlish-
ness that won sympathy for her while
testifying heretofore, and at times she
was petulant to the extent Of tears.
And though called by the state in an
endeavOr to prove Harry Thaw ira
tiona1, what Roger Clarke, the deputy
attorney general, drew from her lips
created rather a, favorable impression
for her husband. Upon the ultimate
outcome of Evelyn Thaw'S testimony
the states fight largely rests. Mr..
Clarke tried hard to get her to admit
that Thaw threatened her life when
she visited him on one occasion after
his commitment to MatteaWan. But,
turning appealingly to the court she
repeatedly refused TO answer MS Qu6S-
tiOnS and after a clash between coun-
sell Justice Mills ruled that he would
hold the conversation in which the
threat was supposed to have been
made a confidential one between hus-
band 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-
HI n av1xo
promised to do, and Mrs Thaw was sx-
cused after identifying a number of
papers in her husbands handwriting.
An Eager Crowd.
The eagerness to see Mrs. Thaw was
just as intense as when she had ap-
peared daily at the criminal courts
building. throDg of curious spec
tators crowded the court room When
she left the stand such crowd follow
ed 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 buzz of excitement and a
ripple OF comment; but she showed
reluctant to answer Mr.. Clarke's ques-
ticns and had to be instructed to do so
a number of times by the court. The
tears came to her eyes once when Jus
tice Mills ruled against her, and she
turned to him and said petulantly, Il
guess 1 viii have to obey, for 1 can not
afford contempt proceedings or go to
Jail. My husband is not paying me
anything. now and I have not enough
money to hire counsel"
On the whole, however she told it
tie if anything to show that Harry
Thaw is insane, while a score or more
of lay witnesses who had observed
Thaw at various times since his COM
mitment to Matteawan asylum, spoke
in his favor. The witnesses consisted
of citizens from Peekskill and Pough-
keepsie, where Thaw was incsrcerated |
for several weeks in the jail pending
former habeas corpus proceedings. at |
tendants from the asylum and various |
friends Of the Thaw family VINO had |
visited the prisoner. They all testified |
that his conversation and action ap-
peared to them to be entirely rational |
Deputy Attorney General Clark |
asked the witness about a conversa- |
ton she had with her husband at |
Matteawan soon after he, was COM
mitted at which Daniel O'ReiIly, |
one of Thaw's former lawyers was
present.
Mrs Thaw declined to say whether |
she had such a conversation. saying: |
Declines to Answer.
Il had rather not answer the ques- |
ton
did Harry Thaw make threat