The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-07-14

White Plains, y. Y, July 14-Whep
the Thaw hearing was resumed TODAY
the states representative said they
had found legal PROOF 10 show that
the conversation between Thaw and
his wife In the Mattcawan asylum. In
which The state contends he threaten
ed 10 XIII her was not privileged Dis
trict Attorney Mack said Mrs. Thaw
would be recalled at the afternoon
session. 1t was said that this after
noon, Justice Mills would adjourn
court until Monday in order to allow
Doctors Flint and Mcdonald. the
states alienists, to make a physical
examination OF Thaw In the White
Plains Jail
Miss Anne G w. Dayley. a lawyer
of POughkeepsie. was the first witness
called for Thaw today She testified
that she had attended TO some small
legal matters for Thaw when he was
in the Poughkeepsie Jail. and had fire.
Que1tly seen and talked with him dur
ing that time. He always impressed
her as rational. she said,
Miss Mary Murnane. the matron at
the Poughkeepsie Jail. testified that
she saw and talked with Thaw fire.
quently. and he always appeared ra-
tional
At this point. Deputy Attorney Cen
cTal Clark asked that Thaw's counsel
stlpulate thar he would make no OBJ
lection TO the state introducing GER
tain parts of the records of the sec
end trial of Thaw for the murder OF
Stanford White. in examining some OF
their witnesses. Mr. Morschauser of
fered no objection. Thaw's counsel
asked that he be given twenty-four
hours notice in which to prduce his
alieaists prior to the physical eXamin-
alton of the plaintiff by the experts.
This was conceded to Mr.. Clark.
District Attorney Mack, in cross
examining witnesses, had been careful
10 ask if the witnesses had ever talk
ed with Thaw about the killing of
Stanford White or the running OF
young girls Invariably, the witnesses
had considered that a delicate sub
ject" and 1t had not been ap.
preached" It is the states theory
that one OF the essential Characters
tics OF paranoia, of which Thaw has
been declared to be suffering. that the
patient may only exhibit pronounced
insanity when the one subject which
was the cause of the mental dis
arrangement, is brought to mind.
Daniel O'Reilly formerly counsel
for Harry Thaw and later counsel for
his wife. Evelyn Nesbit Thaw, was
subpoenaed by the state 10 appear this
afternoon.
Deputy Attorney General Clark said
the state would submit a brief on the
subject Of the contested confidential
conversation between Thaw and his
wife, conteading that O'Reilly. who
was present at the time. was not then
acting as counsel for bo;h parties, and
therefore the conversation was un.
lTiyilpEed If Justice Mills should
rule against the state, O'Reilly will
be called and examined on this point
by Mr. Clark, ara the way cleared, II
possible for the resumption of Mrs.
Thaws testimony.
Dr. Valdenar Sillo. a New York
practi. ioner. testified that he had seen
Thaw about twenty-five times in all,
and that haw always appeared ra-
lonal
DR. Sllo related a conversation
with Thaw at Matteawan, in which
Thaw referred to an incident al the
XuicEerbocker in New York in which
Evelyn figured,
/ regret very much she persists in
keeping herself so much In the pub
lie eye, Thaw said, but what can |
do7 / have done everything | can for
her said the witness.
White Plains. n. Y. July 13.-Eve-
lyu Nesbit Thaw, as school-girllsh as
ever dressed In the familiar blue
which she affected so mucn during the
trial Of her husband, Harry X. Thaw.
for the murder Of Stanford White, was
Ca the stand for more than an hour