The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1909-07-14
EVELYN IS AGAIN
ON WITNESS STAND
Subpoenaed by State But Gives
Testimony That Is in Hus-
bands Favor.
REFUSES TO SAY THAW
THREATENED TO KILL HER
Much Evidence Is Introduced
Tending to Prove That Slayer
of White Is Not Insane.

| WHITEPLAINS, \. Y, July 10
as usual, and dressed in the blue which
she wore so much during the trial OF
! her husband Harry K. Thaw, for the
murder of Stanford White, was on the
stand for more than an hour in Justice
Mills's court here today, subpoenaed by
the state in its fight to keep Thaw In
the asylum for the criminal insane at
Matteawan. But for the absence of the
dainty Eton collar which Mrs. Thaw
wore during most Of the murder trial,
she appeared much the same as she did
when Jerome was trying 10 send Harry
Thaw 10 the electric chair.
Though called by the state in an en-"
deavor TO prove Harry Thaw irrational, /,
what Roger Clark, the deputy general
attorney. drew from her today created
a favorable impression for her husband
She was excused shortly after clock
but was resubpoenacd and viii probably
testify again tomorrow. Upon the out
come of Evelyn Tbaw's testimony the
state s fight largely rests. Mr., Clarke
tried 10 get her TO admit that Thaw had
threatened her life, but turning appeal.
ing 10 the court, she repeatedly refused
clash between counsel, Justice Mills
ruled that he would hold the conver.
sation in which the threat was supposed
10 have been made a confidential one
between husband and wife and there,
fore privileged until the state presented
proof 10 show that Daniel o Reilly. the
New York lawyer who was present AT
the time, was not then acting as coun'
sci for both Nh and Mrs. Thaw. This
n
Mrs, Thaw was excused after identify
ing a number of papers In her nus
band s handwriting.
When Mrs. Thaw entered the court
room and made her way 20 the stand
there was a buzz of excitement, but she
showed little concern. On the stand
she was reluctant TO answer questions
and had to be instructed TO do so n
number of times. The tears came TO
her ewes once when Justice Mills ruled
against her. and she turned to him and
said:
cannot afford contempt proceedings or
90 TO iail. Ny husband is not paying
me ANYTHING now, and ] haven I enough
money 10 hire counsel.
Citizens from Peeksill and Pough,
keepsie, where Thaw was Incarceratcd
for several weeks in the Jail, testified
to be irrational,
favorable bit Of testimony for
Thaw today was that OF Frank Tonmey.
his bodvguard at Matteawan- ie Sald
Tbaw had exhibited no irrational ten
dcncv. He admitted that Thaw had
criticized the management or IN" IN
stitution at times, and had used harsh
names in referring 10 some oil the PhN-
sicians. But he added that many sug-
/, 'ThaVy INrHTp acted on,
greatly TO the improvement OF the IN
stitution.
The states representatives announced
that they had retained DR.. Austin
Flint and DR.. Charles y. Mcdonald,
who. with DR. Amos B. Baker of Mat
tegwan, will make up the states tTIo
OF alienists nloug lines agreed on by
counsel yesterday. DR.. tlint was IN
court Thaw's counsel had not decided
what alienists TO call II was agreed,
however. that the states alienists are
to be permitted to make physical eX-
animation in the White Plains jail. The
mental examination TO test his sanity
ia TO be conducted in open court by the
LAWYERS prompted by the experts.
Evelyn Oh the Stand.
Evelyn Nesbit Thaw, subpoenaed by
The state, which is opposing her nus
band g release from the Mattcawan
ASYLUM for the criminal insane, took tho
stand todav as a witness at the hearing
in the supreme court here on Harry X.
Thaw's mental condition.
Mrs. Thaw arrived in White Plans
this afternoon.
Her entrance into the courtroom ere
stcd commotion In the crowd which
filled every seat and all the asles She
was dressed in a neat blue suit and
large hat with gray plumes, Deputy
Attorney Clark asked the witness about
conversation she had with her nus
band az Matteawau soon after he was
committed. at which Daniel q Reilly,
orc Of Thaw's former lawyers was
present
Mrs. Thaw declined to say whether
sne had such conversation. saying:
"'I had rather not answer that ques-
tiou.
"Did Harry Thaw make threat dur;
ing The conversation that he would XII
you?" asked Mr.. Clark.
Thaw's counsel objected, on the
ground that the conversation was be
tween husband and wife and was privi-
legged.
could answer.
':I don I care to answer that ques'
ton said Mrs. Thaw, and ] nave
not claimed any privilege so far as the
record will show, she added.
Refuses to Answer.
The witness declined TO answer any
of Mr. Clark IS questions and he asked
the court 10 instruct her to answer.
- can Il afford contempt proceed
iups now and ] must obey said Eve.
IIyn. turning 10 Justice Mills.
E'Did YOU have conversation with
Mr.. Thaw in regard TO your affairs3'
Mrs. Thaw was asked
.tWe had n talk in regard to a Ger
tain thing said the witness. 81 am
not saving. though, what that thing
was. - she added.
r'uad Mr.. Thaw asked you TO do
something for him on that day!'
ono. sir. -
Lawyer Morschauser again objected