Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-07-14

in order to allow him to place Mrs.
Harry X. Thaw on the witness stand.
Circumstances, said Mr.. Clark, neces-
STATED Mrs. Thaw's testimony at this
time. L.
Mr.. Morschauser said he had no objec-
ton, except that he would like to get
some letters to use in cross-examining
Mrs .Thaw which he did not have in
court. 1t was decided to call another
witness for the plaintiff and then take a
half hours recess before calling. Mrs.
Thaw ,.- -,--:'-.-.. i
Frank Toomey who was Thaw's at
tendant in Matteawan asylum, testified
that he was with Thaw practically all
day for five or six months and never no.
ticed anything in his acts or speech
which was irrational. The witness said
Thaw had made a number of sugges-.
tons in regard to the management of the
pa tients which were adopted at the asy-
lum and proved very satisfactory. The
witness said Thaw never complained Of
his life at Matteawan.
He did not seem to like all the rules.
| but he said he would have to put up
| with them and let it go at that said
Toomey - - 'r gee.
| Mrs. Evelyn Thaws entrance into court
created a commOtion in the crowd which
| flied every seat and all the asles. She
| was dressed in neat blue suit and a
large hat and gray plume. Deputy Attor
ney General Clark asked the witness
about conversation which she had with
| her husband at aMatteawan soon after he
was committed, at which Daniel O'Reilly,
Il - L.,
emit Mrs Thaw declined to say whether
she had such conversation, saying: Il
| had rather not answer that question"
Did Harry Thaw make threat during
that conversation that he would kill
you?" asked Mr.. Clark.
Thaw's counsel objected on the grounds
that the conversation between husband
and wife was privileged. Justice Mills
ruled that the witness could answer.
Il don't care to answer that question:
said Mrs. Thaw, land have not claimed
| any privilege SO far. as the record will
show" added the witness D.,
At one time while the fencing over the
admissibilty Of the questions asked Mrs
Thaw was under discussion, she turned
| to Justice Mills and said
l. will Il be in contempt if 1 don't an
/ swer? 1 cannot afford to go to Jail. and
as my husband is not paying anything to
me have not money enough to hire
counsel" -
During the conversation which you
had with Harry X. Thaw did he say this
or words to this effect to you: If get
out of here will have to kill your asked
MI Clark
|
between Thaw and his wife at that time
was confidential and need not be repeat
ed by the witness: Mr.. Clark argued that
the conversation was not confidential as
it contained a threat against the life of
one of the parties. Attorney Winsow
argued that the conversation was mate
rial as bearing upon the sanity or insan-
ity of Thaw. the real issue before the
court. Mr.. Clark asked the privilege of
| asking the witness some preliminary
Questions, 49, go ..
Twas the subject of conversation partly
in regard to the killing of Stanford
i White?" asked Mr. Clark. -
The witness said it was
Justice Mills finally said that if the
state could show tnat Daniel O'Reilly was
| not acting as counsel for both Thaw and
| fis. wife at the time he was present at
the Matteawan, conversation he would
rule that O'Reilly made third disinter-
ested party present. which overcomes the
| lesal privilege. -.
| Thaw watched his wife intently while
she was on the witness stand. but did not
| appear to be perturbed by her presence
| Mrs. Thaw appeared more. mature. but
seemed demure and school girl express
slor accentuated her beauty as it did
when she wore her Eton collar and testi-
NED at her husbands trial in New York.
! Mrs. Thaw was excused from the wit
ness stand temporarily, and other Law
witnesses were called by Thaw's coun.
sci, Mrs. Thaw was re-subpoenaed for
tomorrow by the state.